OFFICERS’ REPORTS TO DEVELOPMENT CONTROL COMMITTEE (WEST) – 5 FEBRUARY 2009 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 1. BRISTON – Tree Preservation Order (Briston) 2008 No.14 Turkey Farm, Norwich Road To determine whether to confirm a Tree Preservation Order (TPO) at the above site. Background The woodland was planted following significant and prolonged complaints regarding odour nuisance from the turkey farm. The tree planting forms part of the dust suppression system and was the result of expert advice the farm received when the Environmental Health service was considering formal action with regard to the abatement of a statutory nuisance. The need for a TPO arose from a pending application to the County Council for two new reservoirs on the neighbouring Stody Estate, which requires an access road through the woodland on the western side of the turkey farm. After receiving representations from the public, a Landscape Officer met the Landscape Consultants responsible for the scheme to discuss its impact on the local area. It was apparent that trees in the wooded area would have to be removed to accommodate an access road. A replanting scheme to mitigate any tree loss and to maintain the effectiveness of the woodland with regard to screening odour and dust was recommended. The Landscape Consultants expressed reluctance to any new planting in this area. Given that the amenity of the area was under threat a Tree Preservation Order was served. The Order was served on 28 November 2008. Consultation Environmental Health consider that the woodland should be retained in its current form, since any tree loss would have a negative impact on odour and dust levels. Representations Support for the Order:Forty three letters of support have been received from local residents concerned that any loss of tree cover will result in increased dust and odour and will be detrimental to health and local amenity. Objections to the Order:Two letters of objection have been received, one from the owners of the site, Bernard Mathews Ltd, and one from the agent acting on behalf of the Stody Estate (copies of these attached at Appendix 1). Development Control Committee (West) 1 5 February 2009 The agent for Stody Estate states in his letter that it had been agreed with the Landscape Officer that the removal of the trees would not have an adverse affect on the effectiveness of trapping dust and odour and it was further agreed that additional trees would be planted to maintain the existing density. The letter also states that it has been made clear to the Council that the proposed access road will have a negligible effect on the odour and dust benefits of the plantation. Objections to the TPO are made on the following grounds: 1. The proposed loss of trees will have no impact on the screening of the turkey farm from any viewpoints and have no adverse impact on the effectiveness of trapping odour and dust. 2. As the planting is a planning requirement it is already protected. 3. An ecological report as part of the Environmental Statement states that due to the density of the trees in the plantation there is no biodiversity as there is no ground cover. 4. The TPO effectively frustrates normal good management of the younger woodland. The owner of the site objects on the following grounds: 1. Unnecessary: There are adequate covenants in place including protection of widespread felling by the Forestry Commission. No TPO had been placed on previously. The planning proposal provides ample time to determine any conditions. 2. Burdensome and potentially costly: The TPO places a formal charge over the land which requires the owner to apply formally for removal of any tree both at a fee and time cost. This is inappropriate in relation to woodland. There is a legal threat from the Council regarding the trees on the property and this imposes an intolerable and unnecessary burden. Under the TPO the Council are required to investigate complaints regarding works to any individual trees at a time cost. 3. Disproportionate: An emergency TPO can be granted if there is seen to be an immediate threat of trees being damaged; this is clearly not the case. The 3m roadway involves the removal of a minimal number of trees, perhaps tens compared with over seven thousand covered by the TPO. Where is the science that establishes the comparative effect of say, a 10 metre tree screen compared with a 60m screen in controlling dust and odour? A United States Department of Agriculture (USDA) paper on windbreak establishment and management indicates that air turbulence caused by a screen is the key element and not thickness. The owner suggests that “if removal of trees is so critical why were access paths designed into the site when 100% planting could have been required”. 4. Inappropriate: Why doesn’t the TPO cover all trees on site and not just the ones included in the Stody proposal? Has the Forestry Commission been contacted regarding the TPO? The TPO can be overridden by planning permission, as such the TPO purely adds administrative burden on all parties. Does the Council have a policy to impose TPOs on all woodland/screening schemes? Appraisal In response to the objections the following comments are made:1. There was no agreement with the Landscape Officer regarding odour, dust and replanting and there has been no correspondence from the agent making it clear that the proposed access road will have negligible effect on the dust and odour benefits of the plantation. Development Control Committee (West) 2 5 February 2009 2. The TPO has been placed on the woodland to protect amenity in relation to dust and odour not visibility. The planting is protected by planning conditions attached to the planning permission for the turkey farm but the owner can apply to revoke or vary a condition. The TPO ensures long term management. 3. The ecological report stating that there is no “Biodiversity” in the plantation does not take account of all levels or aspects. Only the ground below the trees is considered. 4. The woodland TPO does not frustrate normal good management of younger woodland but ensures appropriate management. 5. The Forestry Commission is only consulted when more that four cubic metres of timber are felled per quarter. 6. No TPO had been placed on the site previously as there was not considered to be a threat. 7. Government TPO Guidelines state that a Local Planning Authority may consider it expedient in the interests of amenity to make a TPO to protect trees on land before a planning application is made. 8. A woodland TPO is considered as a last resort when it is served to prevent poor management. 9. The current conditions associated with the planning permission for the turkey farm require the owner to go through exactly the same application procedure as he does under the TPO. The Council has to investigate complaints regarding felling in the same way. The Woodland TPO, although permanent, is more flexible than the planning conditions, as work can be submitted as a long-term management plan. 10. This is not an emergency TPO. According to Government TPO Guidelines, it is not necessary for the risk to be immediate: in some cases the LPA may believe that certain trees are at risk generally from development pressures. 11. To accommodate a 3m roadway an 8m wide cutting, 100m long will be required, involving felling in the region of 250 trees. The USDA paper also states that ammonia is the gas of greatest concern to the poultry industry and plants have the ability to absorb aerial ammonia. In a study trees reduced the amount of ammonia downwind by 46% in summer. More trees in the screen would mean that more ammonia is absorbed. The Environmental Health Service is of the opinion that the tree belt should be retained in its current form. 12. An access track was incorporated into the woodland design to aid its management. 13. The other trees on the site are not under threat and are protected by the conditions attached to the associated planning permission. If the owner applied to remove these trees then the Council would consider placing a TPO on them. 14. The Forestry Commission has been consulted on this TPO. 15. The TPO does not stop development. It is used to protect amenity. If a TPO is in place it provides the Council with more opportunity to achieve any mitigation. 16. The Council will only serve TPOs when it considers there may be a serious threat of loss of amenity. Development Control Committee (West) 3 5 February 2009 Human Rights Implications It is considered that the serving of the Order 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, it is anticipated that the confirmation of this Order would be proportionate, justified and in accordance with planning law Main Issues for Consideration 1. Whether or not the Order was served correctly in accordance with the relevant legislation and the Council’s adopted policy. It is considered that proper procedures were followed when serving the Order. 2. Whether or not the Order has been served on trees of sufficient amenity value to warrant a Preservation Order. It is considered that the trees have a significant impact on the local environment and its enjoyment by the public. RECOMMENDATION:That the Tree Preservation Order be confirmed. Source: (Simon Case, Extn 6142 - File Reference: TPO No.14) PUBLIC BUSINESS – ITEM FOR DECISION 2. SCULTHORPE – 20070398 Conversion of barn to two units of holiday accommodation; Cranmer Hall Creake Road Cranmer for Robbie Wright Builders The Committee is asked to give further consideration to this application in the light of changes to Development Plan policy following the adoption of the North Norfolk Core Strategy on 24 September 2008. Background At the meeting of Development Control Committee (West) on 22 May 2007 it was resolved that the Head of Planning and Building Control be authorised to approve the application for conversion of the barn to two units of holiday accommodation: This delegated approval was subject to:• The receipt of a satisfactory Ecological Survey. • Investigation as to whether or not the appropriate notices had been served on third parties and subject to the imposition of appropriate conditions. Copies of the Committee Report and Minutes of the 22 May 2008 are attached at Appendix 2. Since that meeting a final report in respect of Protected Species (Bats and Barn Owls) prepared by Philip Parker Associates dated 25 October 2008 was submitted on 24 November 2008. The Council’s Landscape Officer has subsequently Development Control Committee (West) 4 5 February 2009 confirmed that that the report is satisfactory and recommends the imposition of a number of conditions on any planning permission. In addition the Landscape Officer points to the fact that as part of the English Nature licensing procedure, during the consideration of the decision to grant planning permission, the Local Planning Authority is required to have regard to the Habitats Directives and confirmation is required that the development satisfies Regulation 44(2) (e) and 44(3) (a) of the Conservation (Natural Habitats &c. Regulations 1994) in that there is no satisfactory alternative to this site and that the development is of overriding public interest. In addition, since the meeting a letter has been received from the applicants’ planning consultant confirming that the applicants have a right of way over the driveway to reach their site and as such there is no obligation to notify any other current parties to the covenant. Since the time of the decision the former saved North Norfolk Local Plan policies against which the application was assessed have been superseded by the North Norfolk Core Strategy containing Development Control policies, which was adopted on 24 September 2008 and it is necessary for the Committee to consider the application against these policies. Appraisal It is not considered that there are material changes in policy that would significantly affect consideration of matters relating to the principle of the conversion of the barns to holiday accommodation (saved North Norfolk Local Plan Policy 29), the conversion of the listed building (EN 8), or the design (EN 4). However, Policy EC 9 Holiday and Seasonal Occupancy Conditions requires, in addition to the barn being used solely for holiday occupation and not as a sole or main residence, that the holiday accommodation is made available for commercial let for at least 140 days a year and that no let should exceed 31 days. In addition a register of lettings/occupation and advertising should be maintained at all times and made available for inspection to an officer of the Local Planning Authority if required. Having advised the applicant’s agent of this policy change, in response he has indicated that the imposition of planning conditions to implement EC9 of the new policies is not considered to be reasonable at this stage, when the application was made, negotiated, and determined entirely by reference to the Local Plan policies in force at that time. Indeed, given the wording of the Minute of the decision on 22 May and the subsequent issue of the listed building consent, it is reasonable for the applicant to conclude that the decision exists and only awaits an administrative process once the bat survey report had been accepted. In respect of the Habitats Directives, whilst there are other barns within North Norfolk which would lend themselves to conversion for holiday accommodation they are not within the ownership of the applicant. The conversion and preservation of the barn would be a sustainable form of development which would secure its future for this and future generations. In balancing the new material considerations that have arisen, it is therefore considered that Committee should take into account the following: 1. The resolution made by Development Control Committee (West) on the 22 May 2008, that in accordance with Local Plan polices that Head of Planning and Building Control be given delegated authority to approve the application subject to the receipt of further information and the imposition of appropriate conditions; Development Control Committee (West) 5 5 February 2009 2. The resolution made by Cabinet on 2 June 2008 regarding the determination of planning applications “on hand” upon receipt of the final binding report in respect of the adopted North Norfolk Core Strategy; and 3. Article 6 of the schedule 1 of the Human Rights Act 1998 (the right to a fair civil determination). Summary The proposal has been considered against Development Plan policies (i.e. Saved North Norfolk Local Plan Policies 5, 13, 21, 25, 29, 36, 37, 39, and Local Development Framework Core Strategy Policies SS 1, SS 2, SS 4, EN 4, EN 6, EN 8, EC 2 and EC 9 and Saved North Norfolk Local Plan Policy 29). Whilst the policies contained within the LDF Core Strategy now outweigh those of the former saved North Norfolk Local Plan for Development Control purposes, there are material circumstances, namely that, the application was submitted before receipt of the Inspector’s binding report and discussions with the applicants were well advanced to the extent that a resolution to approve had been made by the determining authority with only matters of clarity and detail outstanding at the time of the Committee resolution of 22 May 2008. Whilst the policies against which the proposal had been assessed have been superseded, the applicants are entitled to expect their application to be determined fairly in accordance with the resolution made by the Combined Committee on 10 April 2008. As such, even in light of the identified material consideration (adopted North Norfolk Core Strategy), and the introduction of Policy EC 9, approval of the application, subject to the imposition of conditions, is considered to be justified, proportionate and in accordance with planning law. RECOMMENDATION:Approval subject to the imposition of appropriate conditions. Source (Gary Linder, Extn 6152 – File reference 20070398) PUBLIC BUSINESS - ITEM FOR DECISION 3. STODY – 20071823 – Continued use of part of dwelling as one unit of holiday accommodation; 1 Green Farm Barn The Green Hunworth for Mrs P A Hoskison Reconsideration of an undetermined planning application for the continued use of part of dwelling as one unit of holiday accommodation. Background The Committee will recall that this application was considered at the meeting on 9 October 2008 (copy of report and minutes attached at Appendix 3) at which 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 an objection to the proposal. A response from the Highway Authority was received on 13 January 2009 confirming no objection, subject to the existing two car parking spaces being kept available for parking purposes. (See copy of response at Appendix 3). Development Control Committee (West) 6 5 February 2009 However, a further letter of objection has been received from a neighbour, which has raised the following issues:1. The applicant is continuing to let out the property as a holiday home despite not having formal approval. 2. The applicant cannot show that she has been trading for 10 years to be able to obtain a certificate of lawfulness. 3. Traffic associated with the development is seriously blighting their lives. 4. Although she should have 2 car parking spaces for the dwelling, the applicant currently only has one as the garage is full and cannot be used for parking. 5. The two spaces obtained under licence from the Stody Estate are never used by the tenants. 6. Parking on the village green is an offence. 7. There is clearly insufficient space to park both vehicles associated with the dwelling and the holiday let on-site. 8. Often their right of way is blocked and cannot gain access to their garage. The application has been referred back to the Development Control Committee (West) for further consideration at the request of Councillor Mrs L Brettle in view of the fact that the application does not provide for appropriate levels of car parking and impact that this would have on the amenity of the neighbours. Key Policy Issue The key issue is compliance with adopted North Norfolk Core Strategy Policy CT6 and whether the proposed development would engender any highway safety concerns. Appraisal The Council’s adopted parking standards require two vehicle parking spaces for both the existing dwelling and the holiday unit, i.e. four in total. The applicant can provide two vehicle spaces on site. The applicant has also secured four spaces on land belonging to Stody Estate. However, use of this land is only granted on a short-term basis and its retention in the long-term for vehicle parking cannot be guaranteed. The applicant therefore has a shortfall of two parking spaces and the application is therefore contrary to the requirements of Policy CT6. However, notwithstanding the concerns regarding lack of parking provision and the associated impact on the amenity of adjacent neighbours, given the most recent consultation response from the Highway Authority, without highway support refusal based on a lack of parking and impact on highway safety would be difficult to substantiate in this instance. It is however considered necessary to require the garage and courtyard parking space to be retained for parking purposes at all times and a condition imposed to this effect. RECOMMENDATION:Approval, subject to the imposition of appropriate conditions, including a requirement that the application retains both the courtyard and garage parking spaces for parking purposes at all times. Source: (Geoff Lyon, Extn 6226 - File Reference: 20071823) Development Control Committee (West) 7 5 February 2009 PUBLIC BUSINESS – ITEMS FOR DECISION PLANNING APPLICATIONS Note :- Recommendations for approval include a standard time limit condition as Condition No.1, unless otherwise stated. 4. GREAT SNORING - 20081674 - Erection of agricultural building; site at Thorpland for Mr R Perowne MINOR DEVELOPMENT - Target Date :03 Feb 2009 Case Officer :Miss T Lincoln (Full Planning Permission) CONSTRAINTS Countryside Policy Area THE APPLICATION Is for the erection of an agricultural building consisting of a grain store and drying facility. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor T Moore having regard to the scale of the proposal and potential highways impact. PARISH COUNCIL Awaiting comments. REPRESENTATIONS One letter of objection on the following grounds: 1. Increased traffic through Great Snoring. 2. Thorpland Road unsuitable for heavy traffic. 3. Adverse impact on unspoilt country lane. CONSULTATIONS Conservation, Design and Landscape Manager (Landscape) - No objection subject to the implementation of bund and landscaping proposed and retention of exiting tree belt. County Council (Highways) - Awaiting comments. Environmental Health - No objection subject to grain drying system being installed in line with submitted plans and details. 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. Development Control Committee (West) 8 5 February 2009 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). MAIN ISSUES FOR CONSIDERATION 1. Impact on the landscape. 2. Impact on highway safety. APPRAISAL The site lies within the Countryside designation where development required for agriculture is acceptable in principle. The height, bulk, scale and materials of the proposed building are considered acceptable and it is well screened from the street. Furthermore, given its siting away from residential dwellings, no impact on neighbouring amenity is involved. The proposal is therefore considered to comply with Policy EN 4. The agricultural building is to be sited in the south-west corner of an agricultural field on the east side of Thorpland Road. The building would be well screened from the road and from the south by existing tree belts. The application also includes a new tree belt and bund on its northern side. The proposal is not therefore considered to have any adverse impact on the landscape and is therefore considered to comply with Policy EN 2. In respect of the impact on highway safety, comments are still awaited from County Council (Highways) Authority. Subject to no objection from the Highway Authority, the proposal is considered to comply with adopted Development Plan policies. RECOMMENDATION:Delegated authority to approve subject to no objection from the Highway Authority and subject to the imposition of appropriate conditions. 5. HIGH KELLING - 20081193 - Residential extension to care home of four, twoperson and eight, one-person single-storey units; Pineheath Nursing Home Cromer Road for Pineheath Nursing Home MINOR DEVELOPMENT - Target Date :08 Oct 2008 Case Officer :Mr G Lyon (Outline Planning Permission) CONSTRAINTS Countryside Parish Boundary Consultation Area Contaminated Land Tree Preservation Order Development Control Committee (West) 9 5 February 2009 RELEVANT PLANNING HISTORY 19792210 - Day hospital extension Approved, 19900299 - (Full Planning Permission) - Change of use to nursing home Approved, 15 May 1990 20030085 - (Full Planning Permission) - Erection of extensions for additional bedrooms Approved, 05 Mar 2003 20051905 - (Outline Planning Permission) - Erection of twelve sheltered housing units Withdrawn, 30 Jan 2006 20060821 - (Outline Planning Permission) - Erection of single-storey extension to provide supported accommodation of the elderly and erection of detached gatehouse and wardens lodge Refused, 18 Aug 2006 THE APPLICATION Seeks to extend the existing care home by providing four two-person and eight oneperson single-storey units attached to the eastern end of the existing building. All matters reserved for subsequent approval with the exception of means of access. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Cordeaux having regard to the following planning issue: Conflict with Core Strategy policies. PARISH COUNCIL Objects to the application as it goes against planning policy. REPRESENTATIONS The applicant's supporting statement is attached at Appendix 4. CONSULTATIONS Bodham Parish Council - No comments received. Conservation, Design and Landscape Manager (Landscape) - Plans appear inaccurate and some trees are shown in the wrong position. An arboricultural method statement will be needed in certain areas (trees 39 and 40 in respect of parking area and trees 27 and 26 in respect of demolition of the outbuilding). County Council (Highways) - No objection subject to the use being ancillary to the main nursing home and subject to the imposition of conditions. Environmental Health - Advisory note regarding contamination. Planning Policy Manager - Awaiting comments. Strategic Housing - If the occupants of the new units will receive a contract for a care package as opposed to tenancies or being owner occupiers then I am happy to accept that the units are an extension of the existing care home rather than dwellings and I therefore do not feel it would be appropriate to request an affordable contribution. Development Control Committee (West) 10 5 February 2009 HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Core Strategy (Adopted September 2008): Policy 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). Policy EC 3: Extensions to existing businesses in the Countryside (prevents extensions of inappropriate scale and that would be detrimental to the character of the area). 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 & geology (requires no adverse impact on designated nature conservation sites). Policy EN 6: Sustainable construction and energy efficiency (specifies sustainability and energy efficiency requirements for new developments). Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). MAIN ISSUES FOR CONSIDERATION 1. Acceptability of principle of this form of development in Countryside policy area. 2. Highway safety. 3. Impact on trees. APPRAISAL The site is located within an area designated as Countryside where Policy SS 2 of the adopted North Norfolk Core Strategy would allow extensions to existing businesses as well as community services and facilities that meet a proven local need. Independent residential development would conflict with policy. In principle, therefore, provided that the proposed development is an extension to the existing care home and the accommodation remains ancillary to the use of the site, the principle of the development would accord with Development Plan policy. The applicant has indicated that the units would remain ancillary and this could be secured by planning condition and/or Section 106 Obligation. In respect of access, subject to the use of the units remaining ancillary to the existing care home, the access being as proposed in the submitted drawing and subject to the imposition of conditions requiring exact access/egress and parking details, the proposal would accord with adopted North Norfolk Core Strategy Policy CT 5. In respect of impact on trees, the site is subject of a Tree Preservation Order which protects a significant number of important trees on the site. The submitted plans do not show in enough detail the potential impact upon trees. However, given that the Development Control Committee (West) 11 5 February 2009 application is in outline form with means of access only for consideration at this stage, the Committee need only consider whether the applicant has satisfactorily demonstrated that twelve units can be accommodated on the site. Further information would be required at reserved matters stage and officers consider that there is sufficient space to provide an extension to the existing care facility without causing harm to protected trees. In summary, subject to the imposition of appropriate conditions, it is considered that the development would accord with Development Plan policy. RECOMMENDATION:Delegated approval subject to the imposition of appropriate conditions and the making of a Section 106 Obligation regarding occupancy of the units. 6. MELTON CONSTABLE - 20080329 - Erection of thirty-eight dwellings; land off Grove Road for Melton Constable Country Club MAJOR DEVELOPMENT - Target Date :02 Jun 2008 Case Officer :Mr G Linder (Outline Planning Permission) CONSTRAINTS Residential Conservation Area Large Village Archaeological Site RELEVANT PLANNING HISTORY 19941558 - (Planning Permission; Reserved Matters) - Erection of 8 bungalows and 122 houses THE APPLICATION The application as originally submitted sought the erection of 40 dwellings. This was subsequently reduced to 38 dwellings on a site area of 1.17ha. Amended plans received on 10 November 2008, whilst retaining the previous layout of 38 dwellings increased the number of affordable units from 15 to 19. These would provide for a mix of house types consisting of 7 x 2 bed houses, 8 x 2 bedroom flats, 3 x 3 bed houses and 1 x 4 bed house (affordable units) and the remaining 13 x 3 bedroom houses and 6 x 4 bedroom houses, being market housing. In addition the site area was increased through the inclusion of part of the garden of The Spinney to accommodate an attenuation basin, but a further amended plan received on 8 December 2008 deleted what was an indicative layout for the attenuation lagoon from the application. An area of open space, having a site area of approximate 1,275sq.m, is proposed fronting Grove Road, whilst a smaller area to the rear of the site would provide approximately 560sq.m of further natural green space. The main access to the site would be from the Briston Road junction, where visibility improvements are being proposed. Development Control Committee (West) 12 5 February 2009 At this stage permission is only being sought for the access and layout with all other matters reserved for future consideration. REASON FOR REFERRAL TO COMMITTEE The application was deferred at a previous meeting of the Committee. PARISH COUNCIL No objection to amended plans dated 17 May 2008 or to the further amended plans dated 10 November 2008. REPRESENTATIONS Representations of objection: Fifty-seven letters of objection have been received which raise the following concerns (summarised): 1. Proposal is contrary to Policy 3 of the Local Plan which limits the number of new dwellings. 2. The proposal runs counter to a number of planning policies including the principle of development, pollution, noise and light pollution, environment and landscape quality, conservation areas, housing and sport and recreation. 3. The number of proposed dwellings is too dense for the site, 12 - 16 would be acceptable. 4. Inappropriate siting of dwellings within close proximity of the industrial estate. 5. The loss of the green space would have a detrimental impact on the quality of life. 6. The loss of the bowling green would be a great shame. 7. The site has been used as common land for at least 20 years and qualifies to be protected as common land. 8. It is considered that with the exception of the gas works site the land has been used for recreational purposes since the days of the railway and should remain as such. 9. The Melton Constable Community Trust believes that the area should be reserved as a village green. 10. Due to the existing lack of through traffic Melton Street, Colville Road and Grove Road are used in the evenings by children on skateboards and bicycles. 11. There is significant local opposition with the population in opposition being at a ratio of 3:1. 12. The green space proposed within the development would be totally inadequate. 13. Would reduce the amount of places for children to play. 14. It is not safe for children to cross the main road to use the other playground to the north of the village. 15. Conservation Area Character Appraisal states that there is the potential here to create higher quality amenity space and to increase the biodiversity of the vicinity. 16. Conservation Area Character Appraisal states that "the site is one of the key open spaces within the Conservation Area". 17. Proposal seems to be at odds with Council's own Conservation Area Character Appraisal. 18. The proposed amenity space should be linked with a foot/cycle path to the Lomax development. 19. The alterations to Melton Street and Grove Road would result in the potential loss of car parking spaces. 20. Increased traffic would also increase noise and disturbance. 21. A Traffic Impact Assessment should be carried out so that the implications can be fully assessed. 22. Already a lack of car parking in the village. 23. There is already a car parking and congestion problem particularly outside the Doctor's surgery. Development Control Committee (West) 13 5 February 2009 24. A recent traffic survey by residents shows in excess of 3,500 vehicle movements per weekday. 25. Would place extra strain on the infrastructure of the village where access for emergency vehicles is already difficult. 26. Development would erode the character of the Conservation Area. 27. The development would alter the original historical plan form of the village linking it to the parish of Briston. 28. The proposed development would spoil the unique character of the surrounding street scene. 29. Would increase the demand for primary school places, which is already at bursting point. 30. Would place extract pressure on an already busy Doctor's surgery. 31. Increased pressure on local sewage system. 32. The development would cause further drainage problems, increasing flood risk in the area. 33. There are natural springs on the site which would be affected by the development. 34. The development could affect the biodiversity of the site, where Great Crested newts have been recorded. 35. Negative environmental impact on Burgh Beck stream, which feeds the River Glaven. 36. Part of the site was a gasworks and the land is contaminated. 37. Disturbance of the contaminated land could pose a considerable health risk. 38. Electricity supply in the area is already erratic. 39. The development would exacerbate the water pressure problems already experienced in the area. 40. The refurbishment/renovation of the Melton Constable County Club should be no justification for allowing this development to proceed. 41. The construction works would result in significant noise and disturbance. 42. Loss of local distinctiveness, Melton Constable is a unique Railway village. 43. Would destroy the 'small village atmosphere'. 44. Noise and disturbance from Industrial Estate would affect properties. 45. Some of the industrial units operate 24 hours a day. 46. Existing bank adjacent to the residential estate could result in overshadowing of properties. 47. No assessment of local need in terms of open space, sports and recreational facilities has been carried out. 48. Local Authority should avoid erosion of recreational space. 49. Loss of open space only natural barrier between historical village and Lomax development. 50. The biodiversity of the open space benefits the people of Melton Constable. 51. The Ecological Assessment is wrong to dismiss the site as being of low value at the Parish/neighbourhood level and misses key species of flora and fauna and is therefore of questionable value. 52. Insufficient consideration has been given to the possible contamination risks associated with the prior uses of the site and fails to comply with the requirements of PPS 23 Planning and Pollution Control. 53. Questions the validity of the Flood Risk Assessment as some of the data used dates back to 2004, prior to the ponds on the adjoining site being filled in. 54. A more modest scheme for a maximum of dozen houses might be a route that could be pursued. 55. Revised application does not address concerns raised at the previous meeting of the Development Control Committee. 56. Reservations regarding the accuracy and value of the Ecological Survey. 57. The biodiversity of the open space benefits the people of Melton Constable. Development Control Committee (West) 14 5 February 2009 58. The construction of an attenuation pond in the grounds of The Spinney is not the solution to the drainage problems. 59. The proposed attenuation basin could affect adjoining hornbeam trees and other trees in the vicinity of the basin. 60. It is difficult to see how the attenuation pond will cope with large volumes of water during prolonged periods of rain. 61. The proposed dwellings lack adequate amenity area which would increase the need for further allotment space, which has not been addressed. 62. Dwellings at the south and west ends of the site will lack exposure to direct natural light which is a contributing factor with "seasonal affective disorder" (SAD). 63. Build next to Astley School and instead build a car park on this site. 64. Bowling greens are nationally under threat and the development would result in the loss of an important local asset. 65. What safeguards are there to ensure that the affordable housing will be delivered? 66. The attenuation basin should be considered as a separate application. In addition a petition signed and addressed by 154 individuals has been received who feel that the development would adversely affect access to services, result in a significant increase in traffic, affect access for emergency services and result also in the loss of what is considered to be the last area of open space. A letter has been received from the River Glaven Conservation Group which raises concerns that toxic substances associated with the former use of part of the site as a gas works could, through spring activity on the site, affect the Burgh Beck, which is a tributary of the River Glaven. They therefore suggest that the risk needs to be assessed both during and after the construction stage of the development. A letter has been received from village green campaigners in which they wish to bring to the Council's notice that, following significant support in Melton Constable a village green application has been made to Norfolk County Council. Four letters have been received from a local resident the first of which includes "A Schematic Analysis of possible Groundwater Movement and Contamination bearing on the Grove Road site", which seeks to construct a schematic model to assist discussion of contamination and ground water issues on the site. The second letter together with accompanying sketches and calculations seeks to identify the fact that there would be a lack of direct sunlight to the proposed dwellings on Plots 28, 29, 30 37 and 38, particularly in the period November through to January. The third suggests that there is not a proper understanding of controlled water across the site, and the identification of contamination does not take into account those areas that might be expected to be contaminated. The final letter provides calculations which the correspondent suggests demonstrate that the site allocated for the attenuation feature is insufficient to accommodate the basin and there is insufficient drop across the site. Also that the basin would present a hazard to life. A Traffic Study of Briston Road and Grove Road, between 28 November and 5 December 2008, prepared by 5 local residents, has been received by the Local Planning Authority, attached as Appendix 5, which they feel demonstrates the negative impact of the proposed development and highlights the need for a formal traffic survey. Two letters have been received from the Melton Constable Community Association the first of which was accompanied by 111 Postcard Questionnaires which had been distributed in Melton Constable between 4 - 5 December 2008. The questionnaire Development Control Committee (West) 15 5 February 2009 sought responses to five questions and in response 96 residents believe the land off Grove Road should remain a community resource, 101 believe open access to green space is important for our village now and in the future, 102 oppose the application for 38 houses, 3 support the application for 38 houses, 74 support community ownership of the site, to finance Country Club repairs. In addition 24 of the questionnaires had additional comments, which are included in the representations above. The other letter contained representations of objection from 64 members of the association, which makes the following comments, (summarised): 1. The application should be considered against the adopted Core Strategy policies and not outdated policies contained in the Local Plan, which would reassure our members that the Council are prioritising the sustainable future of our community. 2. Reiterates objections of residents in terms of loss of access to safe/green/amenity/reaction and play space, increased traffic and attendant risks, loss of character in a Conservation Area. 3. Public consultation exercise initiated by the applicant was minimal and poorly advertised. 4. Traffic assessment by the Key Individual Network, working in partnership with Norfolk Constabulary Safer Neighbourhoods team suggests that traffic movements at this junction may present matters of concern to children on their way to school and patients accessing the surgery. 5. When considered against the Core Strategy policies residents consider the development does not: a) Demonstrate protection and enhancement of the landscape, and settlement character or protect setting or views in the Conservation Area. b) Retain existing important landscaping and natural features, create safe environments addressing crime prevention and community safety, preserve or enhance the character or appearance of the historical landscape. c) Remove traffic hazards to life and property along narrow Victorian streets. d) Does not adequately replace the six car parking spaces which would be lost, as a result of inclusion of yellow lines. e) A dense housing development does not enhance the open character or recreational use of the land. f) The expected nature and volume of traffic generated by the plans has not been sufficiently monitored. g) The settlement has more than met its responsibly in affordable housing in this area. h) Does not meet the affordable housing requirement of 50% affordable. 6. Members of the Community Association believe that Community-focused project would bring more long term benefits for the village and surrounding areas. The Core Strategy ties in the priorities of our community today, and development of any kind should adhere to the new policies. An e-mail has been received from a local landowner in support of the Community Land Initiative at Melton Constable in which he makes the following comments, (summarised): He considers that it would be a shame to lose this area of amenity land at the heart of the village, especially as many residents want a green space that will allow a sense of community to be maintained. If the Community Association could acquire the land and they have not ruled out its purchase, they have a chance to create something that would benefit the whole village for years to come. Development Control Committee (West) 16 5 February 2009 Representations of support: Twelve letters of support have been received from local residents, including six who state they are members of the Melton Constable County Club, which make the following comments: 1. There is a need for more affordable housing in the area, especially for young people. 2. The village has two very large playing fields already for children to play. 3. The development of the site would improve the appearance of an untidy area. 4. The development would provide extra car park spaces which are greatly needed to accommodate existing houses. 5. The additional traffic would make very little difference considering there is already a lorry route through the village. 6. The additional traffic would be mitigated by the provision of off-street car parking which is long overdue. 7. The development would be in keeping with the historic and heritage nature of the village and the Conservation Area. 8. The development of the site would help to secure the future of the Melton Constable County Club, which provides a place for people of all ages to socialise. 9. Development would help to resolve current drainage problems. 10. The open space would leave a large area to satisfy the needs of those who want such an area. 12. Will bring more people into the village supporting shops, industries and clubs. 13. North Norfolk needs affordable housing and Melton has the right infrastructure. In addition 124 letters of support have been received from members of the Melton Constable County Club, in the form of a standard letter which states that the signatory believes the application has a number of positive attributes for the village. A letter has also been received from consultants attached to which is a petition in support of the application signed and addressed by 50 individuals who feel the development would provide many benefits for the village and wider community. Representations from applicant's agent: A letter has been received from consultants who seek to clarify some of the issues raised: For the avoidance of doubt the whole site is in private ownership and there are no third party rights over any of the site. All the discussions we have had to date with Norfolk County Council Highways Department indicated that the measures proposed will satisfy their requirements and therefore there is no objection to the application on those grounds. The planning application includes a partial solution for car parking for existing residents by providing additional off-road spaces totalling 15 units for existing residents. We would also point out that there are 3 parking lay-bys being created on Grove Road which will add a further 9 parking spaces for the public that are not available now. The extra spaces and lay-byes will significantly contribute to a reduction in on-street car parking. We are aware of the concerns of Briston Parish Council regarding a footpath link between this site and the existing Lomax Development and we are happy to remove the footpaths proposed if it is considered to be inappropriate. The intention was to enable nearby residents to gain access to a wider area of public open space and to provide safer footpaths and cycle routes to the school. A letter from the applicant's agent accompanied the amended plans of 10 November 2008 together with a full Ecological Survey. This referred to the fact that the site area had been increased to include an attenuation lagoon. Also a number of alternative Development Control Committee (West) 17 5 February 2009 layouts had been considered following the meeting of the Development Control Committee (West) on 22 May 2008, however the position of the open space had been arrived at following extensive discussions with planning officers prior to the submission of the original application and that moving the open space to the north eastern edge of the site would not satisfy adopted policies relating to the distances between dwelling and open space/play areas. Furthermore whilst there are drainage issues at the north eastern end of the site which will be resolved if development occurs this would not be mitigated if it remained as open space. In addition they also consider that there is a significant advantage in linking the proposed open space to the Lomax development that adjoins the site, which could not be achieved if the open space was relocated. A further letter and amended plan received from the applicant's agent on 8 December 2008 requests the removal of the attenuation lagoon from the application at this stage. The reason for this is that, whilst there is a strong possibility the lagoon would be sited in this location, its inclusion seems to be causing confusion at this stage, when in line with the condition suggested by the Environment Agency. It would need to be subject of detailed design at the reserved matters stage, including calculations and a full tree and ecology survey which would need to be agreed with the Local Planning Authority and the Environmental Agent. A further letter from the applicant's agent states that his clients have a long standing involvement in the village dating back to the 1960s, when they bought all the former railway properties. They wish to continue to invest in the village hence the current application which would allow the village to expand and in particular, offer an opportunity to those less able to buy or rent in the private sector the ability to have an affordable property in the village. To this end they wish to increase the level of affordable housing on the site to 50% of the 38 dwellings, 19 in total. An e-mail from the applicant's agent, received on 14 January 2009, in response to the comments from the Council's Countryside and Parks Manager states that as the application is being determined under the Local Plan rather than the emerging Local Development Framework the proposal meets policy as to open space provision. As such, although the applicants have made the unprecedented gesture of increasing the level of affordable housing they feel that this is sufficient and do not intend to make further payments for play areas. In addition he points to the fact that the dire financial position of the Country Club is very real and that there is every chance that it will close unless planning permission is granted and income generated from a sale. Other correspondence: A letter has been received from Lomax Homes Limited which confirms that in principle they would be willing for some form of "link way" from their site to Grove Road. CONSULTATIONS Briston Parish Council - (Original comments) - Objects to the application on the following grounds:1. Even with the provision of an additional 23 parking spaces for existing residents it is doubtful if there would be any improvement on the current parking situation within Melton Constable. 2. Grove Road would have difficulty in coping with the extra traffic and the junction with Grove Road/Briston Road is not adequate to deal with the additional traffic. 3. The proposal would put added strain on surface water/sewage system. 4. Grove Road is prone to flooding and part of the site is known to be marshy. Development Control Committee (West) 18 5 February 2009 The Parish Council in a subsequent letter has also indicated whilst they are in the process of agreeing the transfer of the public amenity areas within the adjacent Lomax development they consider that in the event of the Grove Road site being approved that in 'principle' the link between the two amenity areas would not be advisable. Comments in respect of amended plans, 17 May 2008 - Reiterated their previous objection. Comments in respect of further amended plans, 10 November 2008 - Continue to object mainly due to the enormous amount of additional traffic the scheme would generate on Grove Road and the B1354 Briston/Fakenham Road. Anglian Water - Consider that the existing network system has adequate capacity to supply the development, however suggests that the developer should take measures to achieve water efficiency. In addition they would require a condition relating to their assets which are close to or cross the site. Conservation, Design and Landscape Manager (Conservation and Design) - (Original comments): Are concerned regarding the impact of the development on the setting of the existing built form, and in particular the historic railway village which lies at the heart of the Conservation Area. Most importantly the open areas to the south of Grove Road form the setting to the Conservation Area as was highlighted in the recent document, 'Melton Constable Conservation Area Character Appraisal and Management Proposals', North Norfolk District Council 2007. Accordingly they consider very careful consideration needs to be given to the location and impact of the proposed housing. The views towards and out of the village from the site are significant and this open area does provide the backcloth or foreground to the village in landscape terms. However, they consider that this does not preclude the possibility of development. The existing historic core of terraces is of high density. Any new development on the site concerned should pay regard to this issue and to the very distinct form, scale and character of the Conservation Area. This could be achieved through building design and density. Whilst noting that some illustrative elevations have been submitted and welcome the attempt to reflect local distinctiveness in any new housing; however it will be important at the detailed stage to ensure that building design is complementary in style rather than mere 'pastiche'. Any new development should not undermine the integrity of the built historic fabric which was very much 'of its time'. The use of modern materials and building methods in any new build would be compatible with the Victorian architecture by demonstrating contemporary techniques and materials. In respect of the traffic management proposals the widening of Grove Road and provision of a footway along the application site frontage is acceptable, as are the minor alterations to provide a visibility splay at the junction with Fakenham Road and Melton Street. Therefore provided a substantial amount of open landscape is retained along Grove Road, whereby the setting and context of the historic village can be appreciated, there is no overriding objection to this proposal. Conservation, Design and Landscape Manager (Landscape) - (Original comments): No objection to the proposed tree removals provided that detailed landscape proposals include replacement tree planting. Furthermore a significant lime on Briston Road should be retained. It is understood that the submitted plans indicate that visibility splays can be achieved without removal of these trees. Development Control Committee (West) 19 5 February 2009 The Norfolk Biological Records Centre has records of Great Crested Newts in the Melton Constable area, and the site could be potential foraging habitat for the newts with breeding ponds nearby. 'The trees and hedgerows that are also to be removed could provide other suitable ecological habitat.' It is therefore recommended that an ecological survey is carried out prior to determining the application to identify any protected species and other ecological information inline with the recommendations of PPS9. Comments in respect of amended plans, 17 May 2008 - It is recommended that further survey works is carried out to ascertain the full ecological impact of the development on protected species as required by PPS9. Comments in respect of further amended plans, 10 November 2008 - The bat and reptile survey dated October 2008 is acceptable and the mitigation and enhancement details should be a condition of any approval. However the survey does not cover the additional area of The Spinney which has now been included in the site. Any development in this area could have a significant impact on the row of Hornbeams trees which divides the site and Burgh Beck, a tributary of the River Glaven, rises in this area which could contain protected species. Therefore at the reserved matters stage if any development is to take place in this part of the site a full Arboricultural report including Arboricultural Implication Assessment and subsequent Methods Statement together with a full Ecological survey to take account of protected species and biodiversity issues would need to be submitted. County Council (Highways) - (Original comments) - Requires additional information in respect of the layout of the turning heads, car parking, size of garages and lay-bys etc. In addition, they require the existing footpath on the north side of Grove Road between the site and the Briston Road to be widened to 1.8m. Comments in respect of amended plans, 17 May 2008 - The four bedroom dwellings do not comply with County Council requirement for three car parking spaces. The retention of the Lime tree within the visibility splay is acceptable. The County Council could not sustain a refusal on the grounds of access to the site and do not require improvements to the existing footpath. However would be seeking waiting restrictions at the Grove Road/Briston Road junction and conditions relating to construction traffic. Environment Agency - (Original comments) - The site lies within Flood Zone 1, the lowest risk zone. Whilst the site is outside the floodplain the development could generate significant volumes of surface water. As such surface water drainage will need to be addressed in the form of a Flood Risk Assessment (FRA). To ensure that the additional surface water generated by the development can be managed without increasing both on-and off-site flood risk. They therefore object on flood risk grounds until such a time that a satisfactory FRA is submitted. In respect of contaminated land no objection subject to the imposition of an appropriate condition requiring the submission of a full contaminated land survey. Comments in respect of the Flood Risk Assessment received 8 May 2008 - The Flood Risk Assessment adequately addresses the Environment Agency's concerns at the outline application stage and as such withdraw their objection. However prior to the commencement of any works would require a scheme for the provision and implementation of surface water drainage to be submitted and agreed in writing. Development Control Committee (West) 20 5 February 2009 Comments in respect of amended plans 10 November, 2008. As there have been no other changes to the application no further comments. Environmental Health - (Original comments) - Due to the springs in close proximity to the site further information is required on surface water disposal methods. In addition require the imposition of appropriate conditions relating to contaminated land, lighting and noise, together with details of refuse storage areas. Comments in respect of amended plans, 17 May 2008 - Confirm that the Flood Risk Assessment overcomes previous concerns and have no objection subject to the imposition. Comments in respect of further amended plans, 10 November 2008 - No objection subject to the imposition of appropriate conditions. G P Practice - Awaiting comments. Planning Obligations Co-ordinator (County Planning) - Require contribution in respect of Primary and High School provision and also library provision and fire service. North Norfolk Primary Care Group - It is not considered that the proposed development would impact hugely on local primary care services. Planning Policy Manager - (Original comments) - The Local Plan was adopted in 1998 and in some areas of policy might be regarded as out of date. In the intervening years the Government has published a number of new policy statements and the Authority is in the process of replacing the current Local Plan with the Local Development Framework (LDF). It could be argued that emerging policies more accurately reflect Government thinking and hence ought to be afforded more weight. The LDF does not propose to alter the development boundary of the village and the site will continue to be designated as part of a residential area. Therefore, given that the proposal includes 40% affordable housing, under both the current Local Plan and the emerging Core Strategy, should it be approved, there is no in principle objection to residential development of this site. There is a high demand and a high level of need for housing in the District. The East of England Plan requires that the Authority provide for the erection of a minimum of 8,000 dwellings in the period 2001- 2021. Development of unidentified sites (windfall) has been providing approximately 370 dwellings per year since 2001. This will need to increase to around 424 per year to ensure the 8,000 dwellings are built within the plan period. A Strategic Market Housing Assessment prepared for the Authority by Fordham research suggests that there is substantial demand for new dwellings and a need for in excess of 900 affordable dwellings per year. The emerging LDF will therefore seek to provide for a general increase in housing provision for the rest of the plan period and in order to do this, will be identifying specific sites for house building (residential allocations). However, the Site Specific Proposals document which will allocate these sites is unlikely to be adopted until 2009/10 and in the interim windfall development, such as that proposed on this site, will comprise the main source of new dwellings. District-wide there is currently a fairly large 'stock' of planning permissions and a further 400-450 dwellings which are recorded as under construction. However in the absence of land allocations, or an increase in windfall development rates, it seems unlikely that the number of dwellings built each year will reach the required figure of around 424 until specific new allocations are made. PPS3 requires that Local Planning Authorities identify and maintain a five year land supply. This should comprise sufficient specifically identified sites to accommodate five years worth of the annual requirement (in the case of North Norfolk 5 years x 424 Development Control Committee (West) 21 5 February 2009 dwellings = 2120 dwellings) where it is clear that development can and will take place. Currently the Council can identify sufficient sites to provide an approximate 4.7 years supply. In the absence of a full 5 year supply PPS3 requires that planning authorities should consider favourably planning applications for housing, having regard to the policies of the PPS including:Achieving high quality housing. Ensuring developments achieve a good mix of housing reflecting housing requirements. The suitability of the site for housing, including environmental sustainability. Using land effectively and efficiently, and ensuring the proposed development is in line with planning for housing objectives and does not undermine wider policy objectives. The current position in respect of housing supply and needs, the absence of a full five year land supply, and the advice in PPS3 does not favour a restrictive approach towards housing provision. The Core Strategy therefore suggests that allocations of up to 50 dwellings may be appropriate in Briston and Melton Constable reflecting the relative sustainability of the two settlements, which together have a broad range of day to day services and facilities. In light of the above there is no strategic policy objection to the proposal. The proposal should also comply with Policy 13 (design and setting of development), Policy 42 (should preserve or enhance the appearance of the Conservation Area, including consideration of the impact that the proposed highway works may have on the prevailing character of the area), Policy 105 (provision of public open space), and Policies 147 and 153 (access and car parking). Some account should also be taken of the emerging policies of the Core Strategy particularly EN 6 in respect of energy efficiency and how the proposed layout of development may impact on this. In respect of Open Space provision the proposal meets the requirements of the Local Plan which for developments of this size requires the provision of a LAP (Local Area of Play). I am however aware that there are local concerns in relation to the provision of 'usable' open space in this part of the village. In this regard it would be preferable to link the proposed open space on this site with that on the adjacent Lomax scheme to make a more usable area (the Lomax scheme includes the provision of a LEAP immediately adjacent to the open space proposed on the current application). A footpath connection between the two sites is also desirable. However account should also be taken of the Melton Constable Character Appraisal which identifies this site as an open space. Comments in respect of further amended plans, 10 November 2008 - The North Norfolk Local Plan has now been superseded by the North Norfolk Core Strategy which was adopted by the Council in September 2008 following which time all new planning applications should be considered against the provisions of the Core Strategy. The Council has however resolved that: For all applications 'on hand' upon receipt of the final binding report there will be presumption that they will be determined in accordance with the Core Strategy although for a short time some weight will continue to be attached to the Local Plan where in the Council's opinion this is justified by the provisions of Article 6 of Schedule 1 of the Human Rights Act (the right to a fair civil determination). The policy context for determining the application has therefore shifted from the Local Plan, to the Core Strategy, with some weight (although probably limited weight) being attached to the provisions of the former Local Plan. In my view the application should be considered as follows: 1. Assess the proposal against the policies of the Core Strategy. 2. Where the proposal does not comply with the Core Strategy consider if it would have complied with the Local Plan. 3. If it would have complied with the Local Plan determined how much weight to attach to this. Development Control Committee (West) 22 5 February 2009 The site is located within the development boundary of Melton Constable as defined in the Core Strategy, is designated as part of a residential area on the adopted Proposals Map, and is within Melton Constable Conservation Area. Residential development of the site is acceptable in principle (Policy SS 3) provided it complies with a range of Development Control policies. The proposal appears to comply with Policies H0 1, H0 2, and H0 7. Compliance with Policies EN 2, EN 8 and EN 4 are matters of judgement and are for others to comment. The proposals do not fully comply with policies CT 2 or CT 6 in that there is a small deficiency of public open space (approx 200sqm shortfall) and car parking spaces. In relation to car parking the proposal would need to provide a further seven spaces to meet the required standards of the Core Strategy in relation to the larger four bed house types. This deficiency is extremely modest and in itself would not in my opinion justify refusal of the application. Furthermore, the proposal would have complied with the car parking standards of the former Local Plan. If the deficiency is considered to be significant, and it should be noted that adjacent streets are heavily parked, this would appear to be easily rectified by reducing the number of larger units proposed. Similarly the deficiency in public open space is modest and the revised approach included in the Core Strategy provides for the possibility of open space needs being addressed in a number of ways including improvements to existing nearby facilities. The Countryside and Parks Manager will be able to provide advice on this issue. There is a high demand and a high level of need for housing in the District. The East of England Plan requires that the Authority provide for the erection of a minimum of 8,000 dwellings in the period 2001-2021. Development of unidentified sites (windfall) has been providing approximately 370 dwellings per year since 2001. This will need to increase to around 424 per year to ensure the 8,000 dwellings are built within the plan period. A Strategic Market Housing Assessment prepared for the Authority by Fordham research suggests that there is substantial demand for new dwellings and a need for in excess of 900 affordable dwellings per year. The emerging LDF will therefore seek to provide for a general increase in housing provision for the rest of the plan period and in order to do this, will be identifying specific sites for house building (residential allocations). However, the Site Specific Proposals document which will allocate these sites is unlikely to be adopted until 2009/10 and in the interim windfall development, such as that proposed on this site, will comprise the main source of new dwellings. District-wide there is currently a fairly large ‘stock’ of planning permissions and a further 400-450 dwellings which are recorded as under construction. However in the absence of land allocations, or an increase in windfall development rates, it seems unlikely that the number of dwellings built each year will reach the required figure of around 424 until specific new allocations are made. This is particularly the case in the current down turn in the housing market. In light of the above there is no strategic policy objection to this proposal. Strategic Housing - Supports the application subject to the applicant meeting the Council's affordable housing requirements in terms of affordability and tenure mix. Comments in respect of further amended plans, 10 November 2008 – Supports the application for 50% affordable housing in line with the Core Strategy and confirms that having looked at the housing need for Melton Constable/Briston that a small number of larger affordable family homes within the scheme would be acceptable, giving a total of 19 affordable dwellings. As part of a Section 106 Obligation the applicant would need to agree to the transfer of the completed affordable units built to an agreed standard and at an agreed cost to a Registered Social Landlord at a level which requires no grant subsidy. In addition Development Control Committee (West) 23 5 February 2009 the Section 106 would also need to specify the amount, type, mix of affordable dwellings, and may set out a phasing requirement to ensure the affordable housing is begun and completed at appropriate stages in the development. North Norfolk Safety Community Partnership - Makes suggestions which should be incorporated into any application for full planning permission. Comments in respect of further amended plans, 10 November 2008 - Makes suggestions in respect of security of parking courtyard public lighting. Countryside and Parks Manager - Based on Policy CT 1 of the Local Development Framework there would be a need for 2093sq.m of open space of which 360sq.m could be dedicated to children's play. The layout provides for 1835sq.m of open space amounting to 87% of what would be ideally required however in my view this level of open space provision is reasonable. I note that the proposal complies with the open space requirements set out in the Local Plan. Dedicated children's play space already exists to the north of Fakenham Road and also at Meadow Road which are both within the prescribed limit of 800m walking distance. The facilities are also in fair condition. The only disadvantage is that walking to the play areas from the new development would mean crossing the B1354 which can be busy at times. In practical terms it would not be feasible to provide play facilities on site due to the close proximity to dwellings. Use of the play area would be likely to cause potential annoyance to some residents. In my view a contribution for off-site provision to enhance existing play areas, or to make further provision on the Lomax development to the South, where the open spaces could contain a play area more effectively should be sought. An appropriate level of contribution would be £18,000. There is no need to provide for allotments because the neighbourhood is already well supplied in this respect. 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 North Norfolk Safety Community Partnership's comments have been passed to the applicant's agent. POLICIES North Norfolk Core Strategy incorporating Development Control Policies (adopted 24 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 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) (specifies housing densities). Development Control Committee (West) 24 5 February 2009 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 6: Sustainable construction and energy efficiency (specifies sustainability and energy efficiency requirements for new developments). 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 9: Biodiversity & geology (requires no adverse impact on designated nature conservation sites). Policy EN 10: Flood risk (prevents inappropriate development in flood risk areas). Policy CT 1: Open space designations (prevents inappropriate development and loss of open space). Policy CT 2: Developer contributions (specifies criteria for requiring developer contributions). 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). North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 3: Large Villages (small-scale residential development should enhance character) (development should be compatible with character). Policy 6: Residential Areas (areas primarily for residential purposes). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 42: Development in Conservation Areas (developments should preserve or enhance character). Policy 56: Affordable Housing on Large Housing Sites (specifies criteria for affordable housing provision in residential developments). Policy 105: Playing Space in New Housing Developments (refers to playing space requirements). Policy 147: New Accesses (developments which would endanger highway safety not permitted). MAIN ISSUES FOR CONSIDERATION 1. Principle of acceptability of residential development. 2. Affordable housing and mix of development. 3. Layout and impact on Conservation Area. 4. Car parking. 5. Highway safety. 6. Open space and play area provision. 7. Protected species and habitat. 8. Flood risk. 9. Site contamination. 10. Impact on neighbouring properties. APPRAISAL The application was deferred at the meeting of the Committee on 22 May 2008 to allow Officers to negotiate with the applicants in respect of the position of the open space, number of units, car parking and the position of the attenuation lagoon. In addition, following the receipt of comments from the Conservation, Design and Landscape Manager the applicant was asked to provide a full Ecological Impact Assessment of the development on protected species as required by Planning Policy Statement 9. Development Control Committee (West) 25 5 February 2009 Since the application was last considered by the Committee, changes in Development Plan Policy have occurred and new policies are now in force following the adoption of the North Norfolk Core Strategy on 24 September 2008 which supersede the policies of the former North Norfolk Local Plan for development control purposes, against which the application had previously been assessed. Whilst this application was 'on hand' upon receipt of the final binding report and there is a presumption that the application should be determined in accordance with the Core Strategy policy, it is considered that some weight should continue to be attached to the Local Plan as the applicant’s are entitled, in accordance with Article 6 of Schedule 1 of the Human Rights Act (the right to a fair civil determination), to expect their application to be determined fairly. 1. Principle of acceptability of residential development The site is located within the development boundary of Melton Constable as defined in the North Norfolk Core Strategy and is within the Melton Constable Conservation Area. Residential development of the site is acceptable in principle in accordance with Policy SS 3, subject to complying with other Development Plan policies, including the provision of affordable housing. As indicated in the original comments from the Planning Policy Manager, the Housing Needs Survey identified a high need for affordable housing across the District, which was reinforced by the Strategic Market Housing Assessment prepared for the Authority, which suggests that in excess of 900 affordable dwellings are required per year. Furthermore, North Norfolk Core Strategy Policy SS 3 suggests that allocations of up to 50 dwellings may be appropriate in Briston and Melton Constable, which are defined as Service Villages, reflecting the relative sustainability of the two settlements, which together have a broad range of day to day services and facilities. 2. Affordable housing and mix of development The Council's Strategic Housing Section has indicated that the provision of 19 affordable dwellings, representing 50% of the total is acceptable and the mix of dwelling types including a small number of larger affordable family homes within the scheme would be acceptable in this location and would comply with Policy HO 2 of the Core Strategy. However a requirement of the Core Strategy is that in terms of the dwelling mix and type, Policy HO 1, 40% of the units should be 2 beds or smaller with an internal floor space of no more than 70sq.m and also for 20% of the dwellings to be adaptable for occupation by the elderly, infirm or disabled. In this particular case the proposed layout provides for 15 two bedroom units, which, when rounded down, complies with the 40% requirement. However two of the units would potentially have internal floor areas in the region of 80sq.m. Given that this is an outline application the design and internal layout of all of the two bedroom dwellings could be reconsidered at the reserved matters stage in order to ensure compliance with HO 1. 3. Layout and impact on Conservation Area As far as the layout of the development is concerned, this would be divided into two elements separated by an area of open space. The introduction of two terraces fronting Grove Road, together with the remaining layout of the site, would reflect the distinctive form and character of Melton Constable, whilst the provision of the open area would provide an area of public open space and would contribute to the overall setting of the development. It is therefore considered that the development as proposed would preserve the character and appearance of the Melton Constable Conservation Area. Development Control Committee (West) 26 5 February 2009 4. Car parking Each dwelling would be provided with two car parking spaces, either in the form of open parking, or a combination of a garage and parking space, served off the access roads. In addition, at the western end of the site adjacent to the industrial estate 15 car parking spaces would be allocated for the use of existing residents in Melton Street and Colville Road. Grove Road itself would be widened and 3 x 18m long parking bays would be provided. In response to the amended plans received on 17 May 2008 the Highway Authority raised concerns in respect of the size of the garages proposed and the fact that the allocation of two car parking spaces for the four bedroom properties did not accord with the County Council car parking standards. Although the provision of two car parking spaces complied with the car parking standards of the former Local Plan the North Norfolk Core Strategy, Policy CT 6, requires a minimum of 3 spaces for larger 4 bedroom dwellings. As a result a further seven spaces would be required to meet these standards, which could be rectified by removing the four bedrooms units from the scheme. However the Planning Policy Manager has indicated that he considers this deficiency to be extremely modest and in itself not sufficient justification to refuse the application. This view is supported. 5. Highway safety In terms of off-site highway improvement works a requirement of the Highway Authority is that there should be improvements to the junction of Grove Road and Briston Road, where visibility improvement to the Briston side of the junction and a reduction in the radius of the junction itself are required. Works to the visibly splay would require the removal of a small tree, but it is understood that the Highway Authority would have no objection to the retention of a much larger lime tree. In addition although the Highway Authority is seeking a widening of Grove Road itself it has confirmed that it no longer requires a widening of the footway to the north side of Grove Road to 1.8m and for the existing footpath in Grove Road to be linked to the junction or Briston Road. In addition it no longer requires a 20mph zone with associated traffic management measures in Colville Road, Melton Street and Grove Road. Upon re-consultation the Highway Authority has confirmed that the traffic management measures are no longer required and it is satisfied that the existing road network in the vicinity of the site is adequate to serve an additional 38 dwellings. 6. Open space and play area provision A further area of concern to local residents is the loss of open space and the informal amenity area. Until recently, although in private ownership, the eastern part of the site has been used as informal recreational space and the parking of cars by local residents, whilst the area at the western end of the site, which is in the ownership of the County Club, is used as a bowling green. The development as proposed would provide for an area of open space of some 1,275sq.m at the centre of the site and a smaller area of approximately 560sq.m to the rear of the site which would provide further natural green space, giving a total area of 1835sq.m. The Council's Countryside and Parks Manager has indicated that under the Core Strategy, Policies CT 1 and CT2 the open space requirement would be 2,093sq.m of which 360sq.m could be dedicated to children's play. However given that the proximity of the open space to the proposed dwellings he does not consider that it would be feasible to provide play equipment on site, and also recognises that the existing play areas have the disadvantage of being on the north side of the B1354 which means crossing a busy road. As such he suggests that a financial contribution of £18,000 should be made to either enhance existing play areas or explore the possibilities of further provision. Development Control Committee (West) 27 5 February 2009 In response as outlined in the representations above the applicants' agent has indicated that although his clients were prepared to increase the level of affordable housing to 50% they consider that it would be unreasonable to require a financial contribution for the provision of play equipment, when under the Local Plan the open space complied with the requirements and there was no need to provide a financial contribution. In addition as the land is within private ownership the idea that this area of open space would be lost if developed is a misconception, as there are no public rights over the land. However the granting of planning permission would create an area of open space that could be used by the village which would not be the case if permission is rejected. As far as the loss of the existing open space is concerned the draft Melton Constable Conservation Area Character Appraisals and Management Proposals suggest that the site is one of the key open spaces within the Conservation Area. However the Conservation, Design and Landscape Manager has indicated that, providing a substantial amount of open landscape is retained along Grove Road, whereby the setting and context of the historic village can be appreciated, there is no overriding objection to this proposal. Given the local concerns regarding the loss of 'usable' open space in this part of the village, the amended plans show a possible link to the proposed open space on the adjacent ‘Lomax’ site, which is adjacent to the open space proposed on the current application. However whilst a letter has been received from Lomax Homes Limited which confirms that in principle they would be willing for some form of "link way" Briston Parish Council who are likely to adopt the adjacent open space has stated that it considers that such a link would be undesirable. Although the total amount of open space complies with the requirements of the Core Strategy, given the fact that the Council's Countryside and Parks Manager is of the opinion that the level of open space provision is reasonable, and the provision would have complied with the requirement of the superseded Local Plan it is not considered that refusal on the shortfall of open space could be justified. Similarly at the time the application was previously considered there was no requirement on the applicant to provide a financial contribution toward the provision of play equipment and it is considered that it would be unreasonable at this stage to require such a contribution. In terms of the loss of the existing open space the Conservation Design and Landscape Manager has no overriding objection and as such it is considered that the scheme as proposed would accord with the requirement of Policy EN 8. As far as a possible link to the Lomax site is concerned, whilst the submitted plans indicate a footpath link, this is not the subject of any agreement. As such the application should be determined on its merits, based on the amount of open space to be made available on the site, which as outlined above is considered to be acceptable. 7. Flood risk An area of concern raised by the Environment Agency is that of potential risk of onand off-site flood risk, which could result from the significant volumes of surface water generated by the site. Following the submission of a full Flood Risk Assessment and mitigation measures for the site the Environment Agency has withdrawn its objection to the development. It requires the submission of a full surface water drainage scheme at the reserved matters stage and as this is likely to include the requirement for an attenuation lagoon the amended plan received on 10 November 2008 showed an indicative layout for the lagoon in part of The Spinney, which is shown as being within the site area. However given the fact that the attenuation lagoon would need to be the subject of a full survey into its potential implications on the trees and ecology in that area of the site together with its effects on the springs a further amended plan was received on 8 December 2008 deleting any reference to the lagoon at this stage. Development Control Committee (West) 28 5 February 2009 It is therefore now recommended that a condition be imposed requiring the submission of a surface water drainage scheme at reserved matters stage, the site for the scheme having been selected on the basis of its low or moderate impact on biodiversity. 8. Protected species and habitat Following local concerns and the fact that records show that the site and nearby ponds could be a potential foraging habitat for Great Crested newts and that trees and hedgerows that are to be removed could provide other suitable ecological habitat, the applicant's agent has submitted a full Ecological Survey, excluding The Spinney. The Council's Conservation, Design and Landscape Manager has indicated that the survey, dated October 2008, is acceptable and the mitigation and enhancement details should be a condition of any approval. In respect of The Spinney, at the reserved matters stage, if any development is to take place in this part of the site a full Arboricultural report including Arboricultural Implication Assessment and subsequent Methods Statement together with a full Ecological survey to take account of protected species and biodiversity issues would need to be submitted. 9. Site contamination Concerns have been raised by local residents in respect of the contamination of part of the site occupied by the former gas works. In 2004 a site investigation was carried out in relation to contamination and extracts of that report have been submitted as part of the current application. As a result both the Environment Agency and the Council's Environment Health Division would in the event of permission being granted require conditions relating to further site investigation and if necessary remedial measures. 10. Impact on neighbouring properties In terms of the impact on neighbouring properties, any development in this area would have an impact on the enjoyment of the occupiers of existing dwellings, both in terms of their outlook, possible noise and disturbance and increase in potential traffic movements. However given the fact that the site is within the development boundary for Melton Constable, that in general the layout satisfies Development Plan requirements in terms of basic amenity criteria and open space and would not result in direct overlooking of neighbouring properties there is considered to be no objection in principle to the development as proposed. Conclusion In summary, although the North Norfolk Local Plan has been superseded by the North Norfolk Core Strategy, the site remains within the development boundary for Melton Constable in an area defined as residential where in principle there would be no objection to residential development. Furthermore the fact that the applicant is now offering 50% of the dwellings as affordable housing means that this would comply with the requirements of Policy HO 2 of the Core Strategy. In terms of the layout the applicant's agent has indicated that, whilst consideration has been given to re-siting the open space, following concerns raised by the Committee at the meeting on 22 May 2008, they wish the application to be determined in line with the final amended plans. The Conservation Design and Landscape Manager has confirmed that the layout is considered to be acceptable and would preserve the character or appearance of the Melton Constable Conservation Area in accordance with Policy EN 8 of the Core Strategy, whilst the layout also satisfies the amenity criteria identified in the North Norfolk Design Guide. Development Control Committee (West) 29 5 February 2009 In respect of car parking and access to the site the Highway Authority has indicated that subject to the imposition of appropriate conditions they have no objection to the scheme, but point out that there is a shortfall in car parking for the four bedroom units, which is reiterated in the car parking standards contained in the Core Strategy. However given that all dwellings would have two car parking spaces and that three 18m parking bays would be provided along Grove Road it is not considered that this in itself would be sufficient to justify refusal of the application. On the issue of open space although the total amount of open space would comply with the requirements of the Core Strategy, given the fact that the Council's Countryside and Parks Manager is of the opinion that the level of open space provision is reasonable, and the provision would have complied with the requirement of the superseded Local Plan it is not considered that refusal on the shortfall of open space could be justified. Similarly at the time the application was previously considered there was no requirement on the applicant to provide a financial contribution toward the provision of play equipment and it is considered that it would be unreasonable to require such a contribution. On the issue of flood risk the Environment Agency has indicated that it has no objection at this stage but would require the submission of a full surface drainage scheme at the reserved matters stage and satisfies the requirement of Policy EN 10 of the Core strategy. Similarly the Council's Landscape Officer has indicated that the Ecological Survey is satisfactory, but would require a full Arboricultural Implication Assessment and Ecological survey in respect of The Spinney at the reserved matters stage. As such whilst the policies against which the proposal had previously been assessed have been superseded by the adopted North Norfolk Core Strategy it is not considered that there are significant material changes in policy to warrant refusal of this application. Furthermore given the fact that the application was submitted, had been the subject of a site visit by Members and considered by the Committee prior to the receipt of the Inspector's final binding report on 15 July 2008 it is considered that the applicant is entitled, in accordance with Article 6 of the Human Rights Act 1998, to expect the application to be determined fairly. Therefore it is considered that approval of the application, subject to the imposition of conditions and the making of Section 106 Obligations, is justified, proportionate and in accordance with planning law. RECOMMENDATION:Delegated approval subject to the making of Section 106 Obligations concerning education, library and fire service contributions and the imposition of appropriate conditions, including affordable housing. Development Control Committee (West) 30 5 February 2009 7. SHERINGHAM - 20081020 - Erection of replacement Salvation Army hall; Salvation Army Hall Cremer Street for The Salvation Army MINOR DEVELOPMENT - Target Date :28 Aug 2008 Case Officer :Mr G Linder (Full Planning Permission) CONSTRAINTS Residential Conservation Area THE APPLICATION Seeks the demolition of the Salvation Army hall and its replacement with a purposebuilt hall. REASON FOR REFERRAL TO COMMITTEE The application was deferred at a previous meeting of the Committee. TOWN COUNCIL (Original Comments) - No objection. Comments in respect of amended plans - No objection, however Members expressed disappointment that the amended plan does not uphold the architecture of Sheringham or resemble the appearance of a church. REPRESENTATIONS A letter has been received from a resident whose property backs onto the site to which is attached a petition signed by fifty eight other local residents which raise the following concerns (summarised):1. Part of the building is within the Sheringham Conservation Area and could very easily be renovated. 2. The rebuilding does not afford any car parking and the increased number of people using the hall would exacerbate existing problems of car parking in this part of Sheringham. 3. The back wall of our house adjoins the party wall and we are very concerned about the implication the demolition will have on our lives whilst the works are being carried out. 4. The raising of the roof would result in a loss of light and privacy. 5. The works would have a detrimental effect on traffic in the surrounding area particularly pedestrians and vehicles using Co-operative Street, which is one way. In addition nine letters of objection have been received which raise the following concerns (summarised):1. The lack of car parking will only contribute to the existing parking problems in the area, particularly on Sunday morning when vehicles are parked on the pavements. 2. The building, due to its scale and massing will be very overpowering for the properties immediately to the east and could result in a loss of light and privacy. 3. So many old Sheringham buildings have sadly been lost and the existing building should be renovated. 4. A new site should be found for the hall in a less restricted area which would have safe parking for the congregation. 5. The demolition of the existing hall could result in structural problems for adjoining properties. 6. The demolition would result in significant noise and disturbance. Development Control Committee (West) 31 5 February 2009 7. Holiday cottages to the east of the site could result in a loss of earnings whilst the works are undertaken. 8. During construction the development could result in significant traffic disruption particularly in Co-operative Street, which is one way, and Beeston Road. 9. The proposed new building is in a residential area and will become a more commercial building instead of a place of worship, causing greater noise and disturbance to local resident. 10. The Citadel has been part of Sheringham history since 1897 and it would be a great shame to see it demolished. 11. No structural survey has been submitted in regard of the condition of the existing building. One letter of support has been received from a local resident which makes the following comments (summarised):1. Whilst no doubt suffering some upheaval and inconvenience during demolition and rebuilding the prospects of a new building for the future is very exciting. 2. The new hall would greatly enhance this area of Sheringham. Letter received from the Sheringham and District Preservation Society (summarised):Due to the increased bulk of the building it is considered that it would be more intrusive and would cut out light to properties to the rear. It is suggested that part of the building is made more "neighbour-friendly" by siting the rear extension in Cooperative Street through a lowering of the roof. In addition the increased car parking is unfortunate in this location. Four further letters of objection have been received in respect of the amended plans which reiterate the previous concerns of neighbours, but also raise concerns that the second floor window on the south elevation would overlook windows in the north elevation of 1 Cremer Street and that the proposed height of the roof line is still far too high. CONSULTATIONS Conservation, Design and Landscape Manager (Conservation and Design) - (Original Comments ) - Raises concerns regarding the scale and massing of the building and its design in respect of the street scene, particularly when viewed from Co-operative Street, where it is considered there should be a focal point. Unless these issues can be addressed he feels unable able to support the application. Comments in respect of amended plans - Considers that whilst the demolition of the existing building is unfortunate the revised scheme overcomes previous concerns in that the building would respond better to its prominent corner location and relates better to adjacent properties in terms its form and scale. As such it is considered that it would sit far more comfortably within the street scene, and would preserve the appearance and character of this peripheral part of the Sheringham Conservation Area. Therefore there are no longer sufficient conservation or design grounds to object to the application, but would require the imposition of conditions relating to materials and detailing of the tower. County Council (Highways) - (Original comments) - No objection in principle however requires an amended plan showing the proposed hall outside the highway land. Comments awaited in respect of amended plans. Environmental Health - No objection subject to the submission of information in respect of the method of demolition of the existing building and the control of noise and dust. Development Control Committee (West) 32 5 February 2009 Community Safety Manager - (Original comments ) - The site is situated in an area which suffers significant amounts of criminal damage, disorder and anti-social behaviour, which raises specific concerns regarding ungated recesses and the need for external lighting around the building. In addition the Community Safety Manager makes recommendations regarding boundary treatments. Comments awaited in respect of amended plans. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Further consideration of this issue will be given at the meeting. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Core Strategy (Submission Document): Policy SS 1: Spatial Strategy for North Norfolk (specifies the settlement hierarchy and distribution of development in the District). Policy SS 12: Sheringham (identifies strategic development requirements). 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 CT 3: Provision and retention of local facilities and services (specifies criteria for new facilities and prevents loss of existing other than in exceptional circumstances). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 2: Small Towns (potential for growth subject to compatibility with existing character). Policy 6: Residential Areas (areas primarily for residential purposes). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 42: Development in Conservation Areas (developments should preserve or enhance character). Policy 93: New Community Facilities (permissive toward new facilities in defined settlements, subject to amenity/character, access and parking considerations. Specifies criteria for new facilities in the Countryside). Policy 153: Car Parking Standards (specifies parking requirements for different use classes within different Local Plan policy areas). MAIN ISSUES FOR CONSIDERATION 1. Principle of development. 2. Impact on neighbouring dwellings. 3. Design and impact on the appearance or character of Conservation Area. 4. Car parking and highway safety. Development Control Committee (West) 33 5 February 2009 APPRAISAL The application was deferred at the meeting on 14 August 2008 in order to allow Members the opportunity to visit the site and Officers time to negotiate further on the design of the building. An amended plan has been received including a reduction in the height of the building together with elevational changes. The site is located within the development boundary for Sheringham and its northern part is within the Sheringham Conservation Area where in principle, subject to complying with other Core Strategy policies, there would be no objection to the demolition of the existing hall and its replacement with a new multi purpose building. The provision of a replacement community facility as proposed is acceptable in principle under Core Strategy Policy CT 3. The existing Salvation Army hall comprises a mix of buildings including a worship hall and a two-storey ancillary building which together occupy a large proportion of a site, which slopes gently from west to east towards Beeston Road with the rear of the site being approximately 1.2m lower than the frontage with Cremer Street. The existing building has a total floor area of 420sq.m, and the worship hall has a maximum ridge height towards the rear of the site of 7.5m, whilst the ancillary building has a maximum ridge height of 8m at the easternmost end of Co-operative Street. At the present time there is a single-storey lean-to element to the eastern elevation which abuts properties in Beeston Road, which have small enclosed back yards, facing the site, with outbuilding and accommodation physically joining the boundary wall. To the south there is a single-storey blank gable and a further single-storey lean-to adjoining No.2 Cremer Street. The proposed hall would have a total ground floor area of 437sq.m consisting of the main worship hall and band, a secondary hall, kitchen and male and female toilets. In addition there would be a foyer to the northern western corner of the building with a staircase leading to the first floor, which would consist of a balcony to the worship hall, counselling and general office and a musicians room, which would together have a total floor area of 167sq.m. Elevationally the building would be punctuated by a square tower with full height glazed panel which would act as a focal point at the junction of Cremer and Co-operative Street with a further full height glazed opening to the south western corner of the building in Cremer Street. The walls of the building would be of red facing bricks, colour washed render and recessed Eternit panels. Whilst the roof would consist of a combination of red clay pantiles and plain tiles, with the window frames of a dark blue finish. The Design and Access Statement submitted with the application indicates that, due to the fairly poor structural condition of the building together with severe space limitations, the existing premises are considered to be inadequate for the growing corps with a desire to expand yet further. The statement also indicates that the existing worship hall seats 180 people and that on average most Sundays the congregation is in the region of 150 which during the summer increases, with visitors bringing the facility to full capacity. In the past 5 years there has been a net increase in adult and children members by 57 and it is projected that by 2013 the membership will increase from 257 to 280. The larger premises are required not only to increase the size of the worship hall but also provide a community hall to cater for both the elderly and youth and also counselling for those in need of care and support in Sheringham and north Norfolk. Development Control Committee (West) 34 5 February 2009 The building as proposed would occupy a similar footprint than the existing premises. However, owing to the introduction of additional first floor accommodation the overall floor area would be increased by some 184sq.m. As far as its overall scale and massing are concerned the amended plans have attempted to simplify the form and roof structure of the building with a linear form fronting the Cremer and Cooperative Streets and a square tower, set at an angle of 45 degrees, at the junction of the two streets forming a focal point. In addition the overall height of the building has been reduced so that the ridge height of the main body of the building fronting Cremer Street would be equivalent to ridge height of the existing worship hall. The ridge height of the ancillary wing abutting Co-operative Street would be approximately 1m higher than the existing structure at the extreme eastern end. In addition in order to try and reduce the impact on neighbouring properties to the east the main worship hall would be sited 1.2 m further from the eastern boundary than the present hall. In addition, single-storey lean-to elements would be reintroduced to the eastern and southern boundaries with the eaves height to the eastern boundary wall being the same as the existing structure. The proposed scheme would involve the introduction of a new hipped gable end to the north eastern end of the Co-operative Street element which would extend the width of the gable approximately 2m further along the eastern boundary of the site and would also have eaves 1m higher than the eaves of the existing gable. However the proposed gable would be of a similar width to the gable of the neighbouring property to the east which it faces across the adjoining alleyway. Whilst it is clear the building as proposed would still be significantly more bulky than the premises it would replace, the amended scheme has resulted in a reduction in its massing, which together with the introduction of hipped roofs and the single-storey lean-to elements would not result in an undue loss of light or be unduly overbearing on neighbouring properties to either the south or east. In terms of potential overlooking of the three-storey flats to the opposite side of Cremer Street, although the separation distance would be only 8m, the windows facing this direction would serve a counselling office and the balcony of the worship hall. The only other possibility of overlooking would be the small rear gardens of Nos.6 and 8 Wyndham Street, however any overlooking from the first floor windows of the musicians room would be fairly oblique and as such it is considered the development would not result in the undue loss of privacy to neighbouring dwellings. As far as any noise and disturbance to neighbouring properties whilst the development takes place, the Council's Environmental Health section has indicated that it would require the submission of information in respect of the method of demolition of the existing building and the control of noise and dust. In terms of the overall design of the building, at the present time the existing worship hall with its rendered arts and crafts facade provides an interesting feature in the street scene, whilst the ancillary building, although much altered, makes for an attractive corner building when approaching from the west along Co-operative Street. However given the projected need it is clear than the present facilities cannot sustain the growth. The Design and Access Statement concludes that, whilst alternative solutions have been considered, including moving to an alternative site, the demolition and rebuilding is the only viable option for the applicant. In designing a new building there are clearly severe limitations, due to size of the site and the need for additional accommodation, however the proposed building has attempted to reflect the character of the area both in terms of its scale and appearance. When viewed from Cremer Street the main hall would have a fairly domestic scale with a Development Control Committee (West) 35 5 February 2009 ridge height the same as the neighbouring two-storey dwellings to the south, whilst to the opposite side of the road are three-storey flats. When viewed along Co-operative Street the elevational treatment and scale would be similar to the building it would replace. Similarly the choice of materials are intended to reflect those in the immediate area of the site, which consist of a mix of red facing bricks and render, and red clay pantiles. As a result of the submission of the amended plan the Conservation Design and Landscape Manager has indicated that the building would sit more comfortably in the street scene and relate better to adjoining properties in terms of its scale and form and would respond better to its prominent corner location. As a result whilst remaining of the opinion that the demolition of the existing building is unfortunate it is considered that, in line with the requirements of PPG15, the new building would preserve the character and appearance of the Sheringham Conservation Area. As a result it is considered that the design of the building would comply with Core Strategy Policies EN 4 and EN 8. As far as car parking is concerned, Core Strategy Policy CT 6 requires a minimum of 1 vehicle space for every 10sq.m of floor area, which equates to 60 spaces and 1 cycle space per 20 seats, which equates to 11 cycle parking spaces. The current building would have a vehicle parking requirement of 42. However, there are no car parking facilities on the site, with users of the premises either having to walk to the hall or alternatively use unrestricted on-street parking in the vicinity or use public car parks. The new facility would potentially increase parking in the area of the site at certain times and there would be a shortfall of 18 vehicle spaces compared with the existing situation. Further comments from the Highway Authority have been sought in respect of amended plans and in relation to the parking space shortfall. Committee will be updated orally. This is considered to be a crucial issue in the determination of this application. In summary, whilst the footprint of the proposed building would be very similar to that it would replace there would be an increase in terms of its scale and massing, particularly when viewed from Cremer Street. However views from Co-operative Street would be very similar to those which already exist. As a result of the amendments it is not considered that the building would result in a loss of light or be any more overbearing on the occupiers of properties in Beeston Road than the present building. In terms of the overall design the Conservation Design and Landscape Manager considers that the revised scheme would preserve the appearance of this part of the Sheringham Conservation Area. In respect of car parking, however, the proposed scheme would require a net increase of 18 parking spaces compared with the existing premises. On street car parking and public car parks in the surrounding area are available, but the views of the Highway Authority are awaited in respect of impact on highway safety and an oral recommendation will be made on the basis of this assessment. RECOMMENDATION:An oral recommendation will be made at the meeting. Development Control Committee (West) 36 5 February 2009 8. APPLICATIONS RECOMMENDED FOR A SITE INSPECTION The following planning application is recommended by officers for a site inspection by the Committee prior to the consideration of a full report at the next meeting. As this application will not be debated at this meeting it is not appropriate to invite public speaking at this stage. Members of the public will have an opportunity to make their representations at the next meeting of the Committee when the application is discussed. Please note that additional site inspections may be recommended by the officers at the meeting or agreed during consideration of report items on this agenda. HOLT - 20081655 - Erection of workshop and display building and use of land for display and manufacture or timber buildings; The Poultry Farm Cley Road for Thaxters Custom-made Wooden Buildings Ltd REASON FOR REFERRAL TO COMMITTEE An early site visit by the Committee is considered necessary by the Head of Planning and Building Control in view of the complexity of the planning issues involved. RECOMMENDATION The Committee is recommended to undertake a site visit in the above case. 9. APPLICATIONS APPROVED UNDER DELEGATED POWERS BEESTON REGIS - 20081614 - Construction of beach access steps; Beeston Regis Caravan Park Cromer Road for Beeston Regis Caravan Park (Full Planning Permission) BINHAM - 20081148 - Erection of garage/workshop with studio/hobbies room above; Apple Garth Langham Road for Mr J Hill (Full Planning Permission) BLAKENEY - 20081549 - Erection of one-and-a-half-storey dwelling and replacement garage; Greensholme Wilsons Way for Mr Green (Full Planning Permission) BRININGHAM - 20081647 - Continued use of tea-room; Gatehouse Gunthorpe Lane for Mrs H Duffield (Full Planning Permission) FAKENHAM - 20081619 - Formation of four car parking spaces; Sculpher Gardens Gladstone Road for Mr Cox (Full Planning Permission) FAKENHAM - 20081629 - Erection of two-storey extension; 95 North Park for Mr and Mrs Buckley (Full Planning Permission) FAKENHAM - 20081651 - Erection of detached double garage; adjacent 10 Sandy Lane for Ponyspeed Builders Ltd (Full Planning Permission) Development Control Committee (West) 37 5 February 2009 FAKENHAM - 20081657 - Construction of pitched roof; Fakenham College Wells Road for Reserve Forces and Cadets Association (Full Planning Permission) FAKENHAM - 20081411 - Erection of two-storey and single-storey extensions; The Grove Veterinary Group Holt Road for CVS (UK) Limited (Full Planning Permission) FAKENHAM - 20081593 - Erection of two-storey to provide annexe and singlestorey side/rear extensions; 155 Holt Road for Mr S Dawkins (Full Planning Permission) FAKENHAM - 20081658 - Display of illuminated advertisements; Co-Op Pharmacy, Lidl Retail Park Holt Road for Co-Op Pharmacy (Illuminated Advertisement) FAKENHAM - 20081690 - Variation of condition 2 of planning permission reference 20041219 to increase opening hours to 8.00am to 12.00 midnight any day; 25 Bridge Street for Mr A Demir (Full Planning Permission) FIELD DALLING - 20081558 - Variation of condition 2 of planning permission reference: 20060252 to permit alterations to provide additional habitable accommodation; Orchard House 77 Holt Road for Mr Emmitt (Full Planning Permission) FIELD DALLING - 20081602 - Erection of garages with annexe above; Lower Farm Binham Road for Mr and Mrs Dorricott (Full Planning Permission) HEMPTON - 20081538 - Erection of single-storey rear extension and access ramp; 7 Dereham Road for Fisher and Sons (Full Planning Permission) HIGH KELLING - 20081308 - Raising of roof to provide first floor accommodation and erection of double garage; 9 Avenue Road for Mr M Bell (Full Planning Permission) HINDOLVESTON - 20081667 - Continued display of non-illuminated advertisements; Ashcroft Farm Hindolveston and 130 Holt Road Field Dalling for Mr N Holden (Non-illuminated Advertisement) HINDRINGHAM - 20080959 - Erection of two single-storey dwellings, four twostorey dwellings and two flats; former Bowling Green The Street for Flagship Housing Group Limited (Full Planning Permission) HOLT - 20071758 - Installation of internal doorways, replacement staircase, ensuite bedrooms, removal of render, re-instatement of window, replacement door with enlarged window with brick infill below and installation of three dormers and two rooflights; The Old Rectory Letheringsett Hill for Mr and Mrs Neech (Alteration to Listed Building) Development Control Committee (West) 38 5 February 2009 HOLT - 20081145 - Conversion of dwelling to shop (Use Class A1); 7 Bull Street for Mr A Hyslop (Full Planning Permission) HOLT - 20081601 - Internal alterations, installation of replacement windows to conservatory and alterations to out- building; The Kings Head 19 High Street for Mr Wilson (Alteration to Listed Building) HOLT - 20081616 - Erection of two-storey side extension and detached garage; 53 Cromer Road for Mr and Mrs O'Sullivan (Full Planning Permission) HOLT - 20081623 - Internal alterations, installation of replacement/additional windows and erection of single-storey extension; 15 Pearsons Road for Mrs Wilson (Alteration to Listed Building) HOLT - 20081627 - Alterations to outbuilding; 19 High Street for Mr I Wilson (Full Planning Permission) HOLT - 20081634 - Erection of first floor extension; Crossways Gresham Preparatory School Cromer Road for Gresham's School (Full Planning Permission) HOLT - 20081692 - Change of use from A1 (retail) to A2 (financial and professional services); Units 15, 16 and 17 The Secret Garden High Street for NFU Mutual (Full Planning Permission) ITTERINGHAM - 20081387 - Erection of car shelter; Mere Farm Mannington Matlaske Road Mannington for D and M Hickling Properties Ltd (Full Planning Permission) LANGHAM - 20081579 - Change of use from convent to single dwellinghouse; Carmel of Our Lady of Walsingham Cockthorpe Road for Mr Blackwell (Full Planning Permission) LANGHAM - 20081669 - Demolition of outbuilding and erection of single-storey extension; Seal Cottage 8 North Street for Mr N P Wykham (Full Planning Permission) MATLASKE - 20081645 - Erection of replacement single-storey side extension; The Forge The Street for Mr and Mrs Kokelaar (Full Planning Permission) MELTON CONSTABLE - 20081630 - Removal of windows and doors and installation of folding doors; The Granary Dairy Farm Melton Park Hindolveston Road for Dr John Bryden (Alteration to Listed Building) RAYNHAM - 20080583 - Erection of two two-storey dwellings and one singlestorey dwelling; land adjacent 1 The Drove West Raynham for Flagship Housing Group (Full Planning Permission) Development Control Committee (West) 39 5 February 2009 RYBURGH - 20081607 - Erection of 1.5m high gate; 14 Highfield Close Great Ryburgh for Mr M Taylor (Full Planning Permission) SALTHOUSE - 20081661 - Erection of replacement garage; Fridays Barn Coast Road for Mr and Mrs Harhalakis (Full Planning Permission) SCULTHORPE - 20081624 - Erection of rear conservatory; 14 Creake Road for Mr and Mrs Haws (Full Planning Permission) SCULTHORPE - 20081668 - Erection of shed; 8 St Nicholas Barn Lynn Road (name withheld) (Full Planning Permission) SHERINGHAM - 20081500 - Erection of single-storey extension with balcony above; Seacote, 15 Victoria Street for Mrs Faircloth (Full Planning Permission) SHERINGHAM - 20081603 - Erection of single-storey side/rear extension to provide annexe; 27 Pine Grove for Mr McMahon (Full Planning Permission) SHERINGHAM - 20081677 - Erection of conservatory; plot 1, 10 Morley Road for Derek Foreman House Builders Ltd (Full Planning Permission) SHERINGHAM - 20081679 - Erection of single-storey rear extension; 14 Knowle Road for Mr and Mrs D Dunkley (Full Planning Permission) STIBBARD - 20081273 - Reinstatement of stable roof and erection of office/studio; Willow Tree Printing Brickfield Barn Great Ryburgh Road for Mr S Harper (Full Planning Permission) STIFFKEY - 20081633 - Installation of external staircase and door; Red Lion 44 Wells Road for Stiffkey Red Lion Limited (Full Planning Permission) SUSTEAD - 20081733 - Prior notification of intention to restore agricultural buildings; Manor House New Road Bessingham for Mr Clark (Prior Notification) THURSFORD - 20081632 - Erection of two units of holiday accommodation; plots 13 and 14 North Lane for Mrs Cushing (Full Planning Permission) WALSINGHAM - 20081636 - Erection of single-storey front and side extensions; School Lodge 4 St. Peters Road for Mr Getley (Full Planning Permission) WELLS-NEXT-THE-SEA - 20081104 - Alterations to and extension of outbuilding to facilitate conversion to habitable accommodation and provision of car port and storage area; 35 Dogger Lane for Mr and Mrs J Walker (Full Planning Permission) Development Control Committee (West) 40 5 February 2009 WELLS-NEXT-THE-SEA - 20081105 - Alterations to and extension of outbuilding to facilitate conversion to habitable accommodation and provision of car port and storage area; 35 Dogger Lane for Mr and Mrs J Walker (Alteration to Listed Building) WELLS-NEXT-THE-SEA - 20081628 - Erection of two-storey side extension; Orchard Cottage Burnt Street for Mrs Miller (Full Planning Permission) WELLS-NEXT-THE-SEA - 20081649 - Erection of rear conservatory; 80 Freeman Street for Mrs M Dye (Full Planning Permission) WELLS-NEXT-THE-SEA - 20081680 - Infilling part of external elevations; Wells Health Centre Bolts Close for NHS Norfolk (Full Planning Permission) WELLS-NEXT-THE-SEA - 20081687 - Removal of internal walls and installation of replacement doors and windows; Unit 1, 69 Freeman Street for Mr N D Weston (Alteration to Listed Building) 10. APPLICATIONS REFUSED UNDER DELEGATED POWERS BRISTON - 20081270 - Erection of dwelling; The Nest, 142 Fakenham Road for Mr R Tidman (Outline Planning Permission) BRISTON - 20081271 - Erection of dwelling; The Nest, 142 Fakenham Road for Mr R Tidman (Outline Planning Permission) BRISTON - 20081587 - Continued siting of residential caravan; land at Sevenacres Thurning Road for Mrs Kidd (Full Planning Permission) FAKENHAM - 20081563 - Erection of front conservatory; 1 Toll Bar for Mr and Mrs Fox (Full Planning Permission) FIELD DALLING - 20081337 - Continued use of former garden store as art gallery; Outbuildings at Warners End Farm School Road Saxlingham for Mr Barlow (Full Planning Permission) PLUMSTEAD - 20081388 - Change of use from one dwelling to two dwellings; Lupin Cottage 33-34 The Green for Mr D Coupe (Full Planning Permission) SUSTEAD - 20081554 - Erection of first floor/two-storey rear extension; Bridland Cottage The Street for Mr and Mrs Tester (Full Planning Permission) Development Control Committee (West) 41 5 February 2009 SUSTEAD - 20081626 - Siting of two mobile homes; Little Fen Farm Glen Farm Lane Metton for Mr D Garramone (Full Planning Permission) SWANTON NOVERS - 20081648 - Continued display of non-illuminated direction signs; Half Mile both sides of Crossroads Dereham Road for Mrs H Duffield (Non-illuminated Advertisement) APPEALS SECTION 11. NEW APPEALS BACONSTHORPE - 20080751 - Erection of two-storey detached dwelling; land at The Street for C J C Lee (Saxthorpe) Limited WRITTEN REPRESENTATIONS 12. PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS WOOD NORTON - 20071379 - Erection of single-storey dwelling; The Old Fire Station Foulsham Airfield Foulsham Road for Thomas and Money Haulage INFORMAL HEARING 13. WRITTEN REPRESENTATIONS APPEALS - PROGRESS FAKENHAM - 20080273 - Erection of two-storey dwelling and detached double garage; land adjacent 10 Sandy Lane for Ponyspeed Builders Limited SITE VISIT :- 06 Feb 2009 HEMPSTEAD - 20080555 - Change of use from public house to residential dwelling; Hare and Hounds Baconsthorpe Road for Mr and Mrs Purkiss SALTHOUSE - 20080401 - Erection of single-storey earth-sheltered dwelling; land at Purdy Street for Mr B Williams SITE VISIT :- 02 Feb 2009 SHERINGHAM - 20071180 - Erection of twenty-two flats; Central Garage 49 High Street for Mr N J Wright SITE VISIT :- 02 Feb 2009 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 14. APPEAL DECISIONS 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 APPEAL DECISION :- DISMISSED Development Control Committee (West) 42 5 February 2009