PLANNING APPLICATIONS Note :- Recommendations for approval include a standard time limit condition as Condition No.1, unless otherwise stated. CLEY-NEXT-THE-SEA - 20080256 - Demolition of summerhouse and erection of replacement detached single-storey residential annexe (retrospective); Umgeni Coast Road for Lady B Rathcaven Target Date :11 Apr 2008 Case Officer :Miss J Medler (Full Planning Permission) CONSTRAINTS Area of Outstanding Natural Beauty Environment Agency Flood Zone Type 2 Environment Agency Flood Zone Type 3 Residential Selected Small Village Conservation Area Tree Preservation Order RELEVANT PLANNING HISTORY 20050101 - (Full Planning Permission) - Extension to summerhouse Refused, 06 Apr 2005 20050687 - (Full Planning Permission) - Erection of extension to summerhouse Approved, 13 Jul 2005 20061041 - (Full Planning Permission) - Extension to summerhouse to provide annexe Approved, 22 Aug 2006 20070922 - (Full Planning Permission) - Demolition of summerhouse and erection of annexe Refused, 17 Sep 2007 THE APPLICATION Is for the demolition of summerhouse and erection of replacement detached singlestorey residential annexe. The approximate measurements of the proposed annexe are 7m x 4.3m for the sitting room to the centre of the building, 4.8m x 3.3m for the bedroom and bathroom to the east, and 3.3m x 3.8m for the kitchen to the west. The central part of the proposed annexe would measure approximately 3.7m to the ridge and the smaller elements to the east and west would measure approximately 3.4m in height to the ridge. The materials proposed are brick, flint, clay pantile and timber. REASON FOR REFERRAL TO COMMITTEE The application was deferred at a previous meeting of the Committee. PARISH COUNCIL Awaiting comments. REPRESENTATIONS Five letters of objection have been received raising the following points: 1. New application for a permanent residence. 4 2. Inappropriate. 3. Unsuitable and contravenes Policy 42 in the Local Plan. 4. A grossly oversized building such as is proposed would be an eyesore and dominate the landscape from afar. 5. Out of keeping with the neighbourhood. 6. Would set a precedent for other buildings and development in gardens in the Hilltop area of Cley. 7. Access is likely to become a major problem as it is highly likely that Hilltop Road would be used for car parking and access gained through a breach in the flint wall. 8. The proposed new building would adversely affect the well being and quality of life for the occupiers of 1 Old Hall Farm Barns, and would be overbearing and affect their privacy. 9. Concerns over proposed chimney and bell tower in close proximity to neighbouring properties. 10. Bell tower seems overly ostentatious and grandiose for a suburban back garden. 11. Object to the possibility that the bell would make a loud noise close to 1 Old Hall Farm Barns. 12. Would devalue property. 13. Proposal contrary to North Norfolk Design Guide specifically sections 3.26, 3.32 and 3.33. 14. No vehicular access to the proposed new residential bungalow, this affects emergency services that may be need by an elderly person. 15. Plans do not show the dwelling to the south. 16. Proposal would present an even more garish intrusion on the view from the Coast Road. 17. The use of the annexe should be restricted to purposes ancillary to the residential use of the main building and not allow commercial use. 18. Relationship of 1 Old Hall Farm Barns to application site not explained in previous permission 20061041 which could have affected decision as no site visit took place. A Design and Access Statement has been submitted by the agent with the planning application and Section 1 regarding the background to the application explains that the summerhouse was demolished as the building contractors' Health and Safety Officer decided that the two remaining walls that were to be retained were unsafe. A copy of Section 1 of the Statement is attached as Appendix 2 A letter has been received from the agent in response to the Committee's suggestion to enter into negotiations with the applicant regarding the siting and design of the annexe. The agent has advised that the Committee's suggestion is wholly unacceptable to the applicant, and that she requires the location to ensure the annexe will not be flooded, the summerhouse has been in this position for a great many years and is an established feature in the landscape, and that such a suggestion was not advanced by the this Committee when it authorised the conversion of the summerhouse to an annexe. The request by Committee is regarded as being inconsistent and unreasonable. CONSULTATIONS Building Control Manager - Building Control already has an application for this proposal which can be amended to suit. No other comments. Conservation, Design and Landscape Manager (Landscape) - No objection. I would reiterate however, the need to condition a landscaping scheme with any approval. County Council (Highways) - You will be aware of the Highway comments in relation to the previous application on this site for provision of an annexe (20070922 and 5 20061041). As this present application is for a very similar proposal (albeit new build) again no objection is raised subject to a condition restricting the use of the proposal to ancillary to the existing uses of Umgeni only. Environmental Health - No adverse comments. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 4: Selected Small Villages (small-scale residential development should enhance character) (development should be 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). North Norfolk Core Strategy (Submission Document): Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). Policy EN 1: Norfolk Coast Area of Outstanding Natural Beauty and The Broads (prevents developments which would be significantly detrimental to the areas and their setting). Policy EN 2: Protection and enhancement of landscape and settlement character (specifies criteria that proposals should have regard to, including the Landscape Character Assessment). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 8: Protecting and enhancing the historic environment (prevents insensitive development and specifies requirements relating to designated assets and other valuable buildings). MAIN ISSUES FOR CONSIDERATION 1. Principle of development in the residential policy area. 2. Impact on the character and appearance of the Conservation Area. 3. Impact on neighbouring properties. 4. Landscaping. 5. Highway safety. APPRAISAL The Committee may recall that this application was deferred at the meeting on 27 March 2008 in order to establish if the applicant was prepared to enter into negotiations to revise the siting and design of the annexe by moving it closer to and creating a better relationship with the main dwelling known as Umgeni. 6 The Committee will be aware of the planning history in relation to this site, as detailed above, and in particular its refusal of planning application reference 20070922 for the demolition of summerhouse and erection of annexe on 17 September 2007. That application was refused on the grounds that the proposed development would have an overbearing and poor relationship with the neighbouring property to the south, resulting in an unacceptable loss of amenity to that property. Furthermore, by reason of its siting and height it would fail to preserve or enhance the appearance or character of the Conservation Area. It is also considered that the development would be tantamount to the creation of a new dwelling by reason of its size and the extent of accommodation proposed. The siting of a dwelling in this location would constitute an unacceptable form of tandem development because of its poor relationship with the existing frontage property known as "Umgeni". The applicant lodged an appeal against this decision on 5 December 2007. The applicant is also appealing against the Enforcement Notice which was served under delegated powers by the Head of Planning and Building Control. The applicant has requested a public inquiry, which will take place on 5 August 2008. Prior to the submission of application reference 20070922 the previous planning applications in relation to the summerhouse all related to extensions of it in order to create additional ancillary accommodation to the main dwelling. In August 2006 the Committee gave delegated authority to approve application 20061041 to extend the summerhouse to provide an annexe, subject to the deletion of a chimney on the rear elevation and a condition restricting occupation of the summerhouse for purposes incidental to the residential use of Umgeni. However, since application 20061041 was approved the original summerhouse building has been demolished. A new building is sought in its place under the current planning application. As the Committee will be aware following a previous site visit, the new building has been constructed up to eaves level, but further work has ceased pending determination of this application. The proposal gives rise to some difficult planning considerations. Without a building to convert, consideration should be given as to whether a replacement building in this location would comply with Local Plan policies. Although there is no Local Plan policy specifically relating to annexes there is a general requirement under Policy 13 that proposals should be appropriate in terms of layout, scale, bulk, visual impact and relationship to nearby properties. Conventionally, applicants for annexes are encouraged to locate them either as an extension to the main dwelling or adjoining it, since such a layout reinforces the function of dependency between the annexe and the main dwelling. A layout involving an annexe detached from the main dwelling by a significant distance would tend to imply a sense of independence of use and function, particularly where, as in this case, the proposal incorporates all the facilities required for independent living. In this case, however, the use of the proposed building as an independent dwelling would not be acceptable because it would lack suitable independent access and privacy and would have a poor relationship with both Umgeni and neighbouring properties. On the other hand there are material considerations to take into account in that the new building proposed under the current application is located in the same position as that approved under planning reference 20061041. The size of the building is no different from that agreed as a non-material amendment, which also allowed the east 7 wing of the building to be constructed slightly further to the north and away from the southern boundary wall. Planning application reference 20061041 established the principle of the use of the then summerhouse as annexe accommodation ancillary to that of the main dwelling. Whilst the original building has been demolished and an entirely new building is being constructed it is in the same location and is of the same size and design, apart from two openings on the southern elevation of the bedroom and bathroom wing, as that approved under planning application 20061041. Since the building would not look significantly different from that previously approved, it is considered on balance to be acceptable. In particular, it is considered that the general form of the building would not detract from the character or appearance of the Conservation Area, nor is it considered that the proposal would have a significantly detrimental impact upon the appearance of the Area of Outstanding Natural Beauty. Owing to the change in ground levels between the site and the land to the south the existing boundary wall would screen any views out of the windows proposed in the southern elevation of the new building. The roof of the new building would be visible from the neighbouring property to the south of the site, which is approximately 13m from the boundary with the application site, but this distance complies with the District Council's basic amenity criteria as set out in the Design Guide. Whilst the proposed building is on significantly higher ground than the properties that front the Coast Road it is at least 45m from these residential properties, approximately 10m from the dwelling to the south-east and some 30m from the dwelling to the south-west, which are all in compliance with the basic amenity criteria. Therefore, it is not considered that the privacy or amenities of the neighbouring dwellings would be significantly adversely affected by the proposal, thus meeting the requirements of Policy 13. Whilst the current application does not involve the felling of any trees the Conservation, Design and Landscape Manager has been consulted in view of the history relating to the site and previous planning applications that have included the removal of trees subject to Tree Preservation Orders. No objections have been raised apart from the request for a landscaping condition on any approval. The Committee will note that the Highway Authority is not raising an objection subject to an appropriate condition restricting the use of the building as ancillary to the main dwelling. Notwithstanding the planning complexities posed by the development and the agent's comments that the applicant is not prepared to negotiate, it is considered that, on balance, the proposal would be generally in accordance with Development Plan policy. RECOMMENDATION:Approve subject to the imposition of appropriate conditions including restricting the use of the new building for purposes ancillary to the residential use of the main dwelling known as Umgeni and preventing it from being used as a separate dwelling house or for commercial use. 2) The development to which this permission relates shall be undertaken in strict accordance with the submitted and approved plans, drawings and specifications, unless otherwise agreed in writing by the Local Planning Authority. 8 3) The annexe hereby permitted shall not be occupied at any time other than for purposes incidental to the residential use of the dwelling known as Umgeni and shall not be used as a separate dwelling or holiday accommodation. 4) Prior to the commencement of the development hereby permitted, a landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall indicate the species, number and size of new trees and shrubs at the time of their planting. The scheme shall also include indications of all existing trees and hedgerows on the land, with details of any to be retained (which shall include details of species and canopy spread), together with measures for their protection during the course of development. The scheme as approved shall be carried out not later than the next available planting season following the commencement of development or such further period as the Local Planning Authority may allow in writing. 5) Before the development is started samples of the proposed roof material shall be submitted to and approved by the Local Planning Authority in writing. The development shall then be constructed in full accordance with the approved details. 6) Prior to the erection of the bell tower and bell, details of the materials to be used in its construction shall be submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in full accordance with the approved details. REASONS:2) To ensure the development is carried out in accordance with the expressed intentions of the applicant and to ensure the satisfactory development of the site, in accordance with Policy 13 of the adopted North Norfolk Local Plan. 3) In the interests of highway safety in accordance with Policy 13 of the adopted North Norfolk Local Plan. 4) To protect and enhance the visual amenities of the area, in accordance with Policy 13 of the adopted North Norfolk Local Plan. 5) In order for the Local Planning Authority to be satisfied that the materials to be used will be visually appropriate for the approved development and its surroundings, in accordance with Policy 13 of the adopted North Norfolk Local Plan. 6) In order for the Local Planning Authority to be satisfied that the materials to be used will be visually appropriate for the approved development and its surroundings, and to prevent noise disturbance to adjoining properties in accordance with Policies 13 and 17 of the adopted North Norfolk Local Plan. EDGEFIELD - 20080579 - Erection of one two-storey dwelling and one singlestorey dwelling; Jordans Yard Norwich Road for Cockertons MINOR DEVELOPMENT - Target Date :30 May 2008 Case Officer :Miss J Medler (Outline Planning Permission) CONSTRAINTS Area of High Landscape Value Countryside Residential Selected Small Village Conservation Area THE APPLICATION 9 Is seeking the erection of one two-storey dwelling and one single-storey dwelling. Access and layout are for determination at this stage. Amended plans have been received altering the siting of both the proposed dwellings and retaining the use of the existing access to serve the two-storey dwelling fronting the Norwich Road. A tree survey has also been submitted. REASONS FOR REFERRAL TO COMMITTEE At the request of Councillor Perry-Warnes having regard to the following planning issue: Impact on neighbouring dwellings. PARISH COUNCIL Object on the following grounds:1. It was felt that the proposed erections together with the existing cottage was an over development of the site. 2. The house fronting Norwich Road was too close to the road. 3. Two mature trees will have to be felled to accommodate dwellings. 4. The proposed dwellings are too close to the boundary. Comments awaited on amended plan. REPRESENTATIONS One letter of objection has been received from a local resident raising the following points:1. Loss of privacy. 2. Loss of light. 3. Removal of trees. 4. Impact upon hedgerow. 5. Concerns over water run off and drainage as proposed dwelling would be on higher ground than neighbouring property to the east. 6. Concerns over impact upon eastern boundary wall. 7. No mains drainage. 8. Increase in traffic. 9. Loss of hedgerow. CONSULTATIONS Conservation, Design and Landscape Manager (Conservation and Design) - Awaiting comments. Conservation, Design and Landscape Manager (Landscape) - Awaiting comments. County Council (Highways) - Comments on original proposal: No objections subject to the imposition of appropriate conditions including access specification, removal of permitted development rights for the erection of gates, visibility splays and car parking. Comments awaited on amended plan. English Heritage - No objection. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. 10 Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 4: Selected Small Villages (small-scale residential development should enhance character) (development should be compatible with character). Policy 6: Residential Areas (areas primarily for residential purposes). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 21: Area of High Landscape Value (promotes conservation and enhancement, prevents developments which would be significantly detrimental to appearance and character). Policy 42: Development in Conservation Areas (developments should preserve or enhance character). Policy 147: New Accesses (developments which would endanger highway safety not permitted). Policy 153: Car Parking Standards (specifies parking requirements for different use classes within different Local Plan policy areas). North Norfolk Core Strategy (Submission Document): Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 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). MAIN ISSUES FOR CONSIDERATION 1. Acceptability of the proposal in residential policy area. 2. Impact on neighbouring dwellings. 3. Impact on Conservation Area and Area of High Landscape Value. 4. Highway safety. APPRAISAL The site is located within the residential policy area of the Selected Small Village of Edgefield where individual and small groups of dwellings (up to four) are considered to be acceptable in principle providing they enhance the character of the village. The site is also located in the village Conservation Area and Area of High Landscape Value. The site consists of the garden area to the dwelling known as Jordan's Yard. Part of the garden fronts the Norwich Road to the north east of Jordan's Yard where the existing vehicular access is located. The remainder of the site is located to the south of Jordan's Yard fronting Peck's Lane. 11 There is a mixture of single-storey and two-storey properties of different styles in the immediate area on plots of varying sizes. It is therefore considered that the erection of two dwellings on the site would not be out of keeping with the form and character of the area. The plans originally submitted with the application were not considered acceptable due to the poor layout and relationship of both the proposed dwellings with the adjacent neighbouring dwellings, and proposed driveway. The plans have been amended and the siting of the proposed two-storey dwelling fronting Norwich Road has been revised by setting the dwelling further back into the site and retaining the existing access to serve this proposed dwelling only. A tree survey has also been provided indicating the retention of an Ash tree and Yew tree which were previously shown to be removed. Subject to no objections from the Conservation, Design and Landscape Manager to the amendments described it is considered that this aspect of the proposal would enhance the character of the village and the Conservation Area and would not have a significant detrimental impact upon the appearance of the Area of High Landscape Value. However, the proposed re-siting of the single-storey dwelling to the south is still not considered acceptable, as the building is still considered to be too large for the plot and would have a poor relationship to the neighbouring dwelling to the east known as 'Fourways'. Further discussions regarding this part of the application are currently taking place with the agent and the Committee will be updated regarding this matter at the meeting. The Committee will note that this is an outline application only with all matters reserved apart from layout and access. However, subject to the dwellings being appropriately designed and careful consideration given to the position of windows it is anticipated that the both of the dwellings could comply with the Council's basic amenity criteria. An ample garden area would be retained for the existing property and appropriate car parking in accordance with the Council's car parking standards provided. Subject to receiving a satisfactory amended plan regarding the size and siting of the single-storey dwelling, no objections from the Conservation, Design and Landscape Manager, and no objections following the re-advertisement and re-consultation with the Parish Council, the proposed development is considered to be acceptable and would accord with Development Plan policy. RECOMMENDATION:Delegated authority to approve subject to the receipt of a satisfactory amended plan regarding the size and siting of the single-storey dwelling, no objections from the Conservation, Design and Landscape Manager, and no objections following the re-advertisement and re-consultation with the Parish Council and the imposition of appropriate conditions. FAKENHAM - 20080666 - Erection of 15m high wind turbine; Fakenham High School Field Lane for Fakenham High School and College MINOR DEVELOPMENT - Target Date :18 Jun 2008 Case Officer :Miss J Medler (Full Planning Permission) 12 CONSTRAINTS Open Land Area THE APPLICATION Is for the erection of a 15m high wind turbine located directly to the south of the school buildings. REASONS FOR REFERRAL TO COMMITTEE At the request of Councillor Fleming having regard to the following planning issue: Impact upon the residential amenities of the occupiers of the neighbouring dwellings. TOWN COUNCIL Strongly object to this application. The turbine should not be erected in a predominantly residential area. It will be highly intrusive and the noise will disturb residents. REPRESENTATIONS Four letters of objection have been received raising the following points:1. Visual impact. 2. Noise impact. 3. Health issues. 4. Sited too close to housing. 5. Will obstruct views. 6. Intrusive. 7. Infringement on human rights if can not site in garden without humming noise of a large turbine. 8. Would not have objected if turbine was sited to the north of the school near Barr Lane. CONSULTATIONS Environmental Health - Noise levels are predicted of 65 dba @ 20 m/s. I have a concern that background noise levels will be increased in the area along with WHO noise night time guidance being breached. I therefore require more detailed noise results from the applicant on the effects that will be experienced by neighbours. I would also like clarification on what the maximum speed the turbine can operate at with the associated resultant dba. Comments on additional information submitted by applicant: Has concerns over night time noise levels from the turbine. A night time background noise survey is required before further comments can be made. From desk calculations, it has been calculated that the closest property is 121m away from the mast. Maximum noise levels experienced at the properties are likely to be approximately 44dba which is above the World Health Organisation (WHO) guidance for night time background levels for affecting sleep. It is acknowledged that during higher wind speeds, background noise levels will be higher. Flickering should not cause a problem with small scale turbines. From the experience we have with other turbines within the District, we have no records of any adverse health effects. Once we receive the night time background noise survey we will be able to give a formal response. Further comments awaited. National Air Traffic Services (NATS) - The proposed development has been examined from a technical safeguarding aspect and does not conflict with our safeguarding 13 criteria. According, NARS (En Route) Public Limited Company (NERL) has no safeguarding objection to the proposal. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 8: Open Land Areas (protected against general development - reserved for leisure/recreation purposes). Policy 17: Control of Noise (aims to protect public amenity from noise generating developments) (prevents sensitive developments near to noisy environments). Policy 99: Wind Turbines (specifies criteria in terms of appearance, character, amenity, noise health and highway safety considerations). North Norfolk Core Strategy (Submission Document): Policy SS 4: Environment (strategic approach to environmental issues). Policy EN 7: Renewable energy (specifies criteria for renewable energy proposals). MAIN ISSUES FOR CONSIDERATION 1. Acceptability of proposal in open land policy area. 2. Impact upon occupiers of neighbouring dwellings. APPRAISAL The site of the proposed turbine is located within the school grounds adjacent to a school building in an Open Land Area as designated in the Local Plan, where uses that are open in character and serve education, leisure or nature conservation purposes will be retained and encouraged. The applicant has confirmed that the proposed turbine is intended to help educate the students regarding environmental issues Therefore it is considered that the proposed turbine is acceptable in this location. There are residential properties to the east, west and south of the site approximately 120m away. The school playing field is located between the dwellings and siting of the proposed turbine. The proposed turbine would be approximately 120m from the nearest dwelling. The Committee will note the comments of the Environmental Protection Officer. Further information is currently awaited in respect of night time background noise. Subject to no objections from the Environmental Protection Officer in respect of that additional information it is considered that the proposed turbine would not have a significant detrimental impact on the residential amenities of the occupiers of the neighbouring dwellings. 14 Whilst the site is located within a developed area and it would be close to existing school buildings, it would be approximately 120m away from the residential properties that adjoin the school field to the east, west and south. In accordance with Policy 99 of the Local Plan it is not considered that the proposal would have a significant detrimental impact on the appearance or character of the area. Furthermore it is not considered that there would be any significant detrimental impact on the transport network. Therefore, subject to no objections from outstanding consultees it is considered that the proposal accords with Development Plan policy. RECOMMENDATION:Delegated authority to approve, subject to no objections from outstanding consultees, including the Environmental Health Officer, and imposition of appropriate conditions. FIELD DALLING - 20080695 - Demolition of outbuilding; 32 Langham Road for Norfolk Archaeological Trust Target Date :25 Jun 2008 Case Officer :Miss J Medler (Alteration to Listed Building) CONSTRAINTS Archaeological Site Residential Selected Small Village Conservation Area Listed Building Grade II RELEVANT PLANNING HISTORY 20080414 - (Outline Planning Permission) - Demolition of single-storey extension and erection of one-and-a-half-storey dwelling Approved, 09 May 2008 THE APPLICATION Is for the demolition of a lean-to outbuilding attached to southern elevation of Grade II listed dwelling, in order to facilitate the erection of a dwelling approved under planning application reference 20080414. REASONS FOR REFERRAL TO COMMITTEE At the request of Councillor Brettle having regard to the following planning issue: The impact of the proposal on the character of the listed building PARISH COUNCIL Object. CONSULTATIONS Conservation, Design and Landscape Manager (Conservation and Design) - As there is little merit in the lean-to outbuilding Conservation and Design have no objection to the demolition of the structure. However, should the application be approved a condition should be imposed regarding sympathetic repair using like for like materials if 15 any damage occurs to the listed building during the demolition of the lean-to. Advice should be sought from Conservation and Design regarding this matter. Norfolk Landscape Archaeology - The proposed development affects a Grade II listed cottage. The proposed works involve the demolition of an extension to the building. If planning permission is granted, we therefore ask that this be subject to a condition for a programme of archaeological works in accordance with Planning Policy Guidance 16: Archaeological and Planning. A condition regarding the implementation of a programme of historic building recording in accordance with a written scheme of investigation is required. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 37: Alterations and Extensions to Listed Buildings (prevents proposals which would be detrimental to character). North Norfolk Core Strategy (Submission Document): Policy EN 8: Protecting and enhancing the historic environment (prevents insensitive development and specifies requirements relating to designated assets and other valuable buildings). MAIN ISSUE FOR CONSIDERATION Impact on character of listed building. APPRAISAL In May 2008 planning permission 20080414 was granted for the demolition of singlestorey extension and erection of one-and-a-half-storey dwelling at 32 Langham Road. This listed building consent application is for the demolition of the single-storey extension referred to in the planning application. In order for the approved dwelling to be constructed in the position shown on the approved plan this lean-to addition would need to be removed. The Committee will note that the Conservation, Design and Landscape Manager has raised no objection subject to the imposition of an appropriate condition. In addition to this, if approved, it is considered that an advisory note to the applicant could be added to any approval advising that the listed building consent is for the demolition of the outbuilding only and does not allow for any other works or alterations to the listed building internally or externally to the fabric of the building and that the applicant should contact the Council’s Conservation, Design and Landscape Manager to discuss any other works or alterations to the dwelling as listed building consent may be required. 16 It is therefore considered that the proposal is acceptable and accords with Local Plan policy. RECOMMENDATION:- APPROVE, SUBJECT TO THE FOLLOWING CONDITIONS:2) Any damage that has occurred to the fabric of the listed building during the demolition of the lean-to outbuilding shall be repaired in a sympathetic manner using like for like materials as seen on the historic structure such as hand made bricks, lime mortars and flint details of which are to be submitted to and agreed in writing with the Local Planning Authority prior to any repair works being carried out. 3) Any external pointing shall be carried out using a lime mortar mix which contains no Portland cement to the satisfaction of the Local Planning Authority. 4) No development shall take place within the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority. In this instance the programme of historic building recording will comprise a photographic survey of the structure by a qualified buildings archaeologist for which a brief can be obtained from Norfolk Landscape Archaeology, Union House, Gressenhall, Dereham. NR20 4DR, tel: 01326 869275. REASONS:2) In order to preserve the character and appearance of the listed building, in accordance with Policy 37 of the adopted North Norfolk Local Plan. 3) In order to preserve the character and appearance of the listed building, in accordance with Policy 37 of the adopted North Norfolk Local Plan. 4) In order to preserve the character and appearance of the building, in accordance with Policy 37 of the adopted North Norfolk Local Plan. HEMPSTEAD - 20080578 - Erection of a pair of semi-detached two-storey dwellings; 1 Lodge Cottages The Street for Mr and Mrs Fell MINOR DEVELOPMENT - Target Date :30 May 2008 Case Officer :Miss J Medler (Outline Planning Permission) CONSTRAINTS Area of High Landscape Value Archaeological Site Residential Selected Small Village Conservation Area RELEVANT PLANNING HISTORY 19801893 - Proposed erection of 1 dwelling Refused, 15 Dec 1980 Appeal Dismissed, 27 Apr 1981 20071042 - (Full Planning Permission) - Formation of vehicular access Approved, 23 Aug 2007 THE APPLICATION Is seeking the erection of a pair of semi-detached two-storey dwellings. All matters reserved, apart from access and layout. 17 Amended plans have been submitted clarifying the position of the proposed boundaries on the site, two car parking spaces for each of the existing and proposed dwellings and a tree survey. REASONS FOR REFERRAL TO COMMITTEE At the request of Councillor Perry-Warnes having regard to the following planning issue: Impact on the street scene. PARISH COUNCIL No objection. The Parish Council did comment that maybe a single-storey and one dwelling would be preferable. REPRESENTATIONS Six letters of objection have been received from local residents raising the following points:1. Against provisions of new Development Plan for North Norfolk which is about to be ratified. 2. Highway Authority requirements will destroy the well established hedge. 3. Out of scale and inappropriate to the existing setting. 4. Would lead to significant denigration of the green and open nature of the centre of the village. 5. No facilities. 6. Loss of trees and hedgerow. 7. Parking will take up about one third of the site area. 8. Highway safety. 9. Fears that they will be used as holiday homes and not affordable homes for local people. 10. Affect local spring across site. 11. Would not preserve or enhance the character of the village. 12. Not in line with current or future policy on such villages. 13. The proposed development is undesirable in principle. 14. Would constitute unnecessary and inappropriate infilling and suburbanisation of this small village. 15. The proposed development would constitute an unmistakeable example of the kind of development leading to the erosion of village character identified in the Landscape Character Assessment for NNDC LDF. 16. Would clearly erode the open character of the village by building over and closing off a substantial part of the large garden which itself contributes to the character of this part of the village. A letter, amended plans and a tree survey have been received from the agent. The agents letter confirms that all the western hedgerow trees numbered 8 - 12 on the tree survey are to be retained. CONSULTATIONS Conservation, Design and Landscape Manager (Conservation and Design) - Although an attractive piece of garden land the site in question does not provide valuable open space within the street scene. Nor does it offer important views into and out of Hempstead's Conservation Area. As a result, there can be no sustainable Conservation and Design objections to the principle of developing this site. In terms of the matters to be considered as part of this outline application, the access point itself does not give rise to any Conservation and Design concerns. However, it is hoped that it will not result in the complete removal of the roadside hedge which would soften any development and help bed it into this part of the village. 18 Layout wise the proposed footprint of the proposed dwellings appears generally acceptable. A pair of cottages like those shown on the indicative elevations should sit comfortably alongside Wayside to the north. Should the application be approved, conditions relating to facing materials, windows and landscaping (to include site frontage) are requested. Conservation, Design and Landscape Manager (Landscape) - Feel that as a result of the development the verdant character of Hempstead will be diminished. The application site is currently enclosed from the street by a mixed species hedge and small grass bank; this has a backdrop of mature apple trees, silver birch, willow and holly, typical of a well kept garden in a rural village setting. The development will involve the removal of seven of the trees from the site, those most visible from the public highway including a semi-mature silver birch (tree 5 on plan B) as well as a significant proportion of the hedge. It has been acknowledged however, that a previous planning permission has permitted the removal of the hedge to accommodate a new access into the site. Due to the visible nature of the trees they have been assessed regarding their suitability for retention and protection. It is felt, however, that the trees do not have significant longevity of amenity value for retention in the long term but the contribution the trees made to the setting should not be understated. Based on these observations, I feel that the justification for retaining the trees is limited and therefore do not object to the application, however I would stress the requirement for a comprehensive landscaping scheme to accompany the Reserved Matters application, specifying replacement and additional planting to mitigate the loss of the hedge and trees on the site, this way the character of the village may be preserved in the long term. County Council (Highways) - On the basis that the existing access is stopped up I have no objections to the proposal subject to appropriate conditions. Norfolk Landscape Archaeology - The proposed development lies in the historic core of the settlement of Hempstead close to the medieval parish church. In view of this there is potential that buried archaeological remains of medieval date are present at the development site. If planning permission is granted we therefore ask that his be subject to a condition for a programme of archaeological work in accordance with Planning Policy Guidance 16: Archaeology and Planning. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 4: Selected Small Villages (small-scale residential development should enhance character) (development should be compatible with character). Policy 6: Residential Areas (areas primarily for residential purposes). 19 Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 21: Area of High Landscape Value (promotes conservation and enhancement, prevents developments which would be significantly detrimental to appearance and character). Policy 42: Development in Conservation Areas (developments should preserve or enhance character). Policy 45: Archaeology (requires archaeological evaluation in appropriate cases). Policy 147: New Accesses (developments which would endanger highway safety not permitted). Policy 153: Car Parking Standards (specifies parking requirements for different use classes within different Local Plan policy areas). North Norfolk Core Strategy (Submission Document): Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 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). MAIN ISSUES FOR CONSIDERATION 1. Acceptability of development in residential area. 2. Impact upon appearance and character of Conservation Area. 3. Impact on neighbouring dwellings. 4. Highway safety. APPRAISAL The site is located within the residential policy area of the Selected Small Village of Hempstead where individual and small groups of dwellings (up to four) are considered to be acceptable in principle providing they enhance the character of the village. The site consists of part of the garden to 1 Lodge Cottages and all of the garden to 2 and 3 Lodge Cottages. There is a variety in the type and style of properties, and size of plots along The Street ranging from rows of terrace dwellings, to detached and semi-detached dwellings in brick, flint and painted render. The northern part of the village is characterised principally by terraces and semi-detached houses running parallel with The Street. Although the garden is attractive, in terms of the physical characteristics of the Conservation Area the gap is not considered to be significant. It is considered that to allow the proposed development by a pair of dwellings of appropriate scale and design would enhance the sense of enclosure of this part of the village and thus enhance its appearance. The Committee will note that the Conservation, Design and Landscape Manager is not raising an objection to the application on conservation and design or landscape grounds. It is therefore considered that the proposal would have a positive impact on the appearance and character of the Conservation Area, subject to careful design and appropriate detailing and planting. 20 Whilst this is an outline application, with only the layout and access to be agreed at this stage, indicative plans of the proposed dwellings have been submitted with the application. They show that the proposed dwellings could be designed with blank gables in the north and south elevations. This would comply with the Council's basic amenity criteria, and subject to appropriately designed dwellings it is not considered that the proposal would have a significant detrimental impact on the privacy or amenities of the occupiers of the neighbouring dwellings. It is considered that the layout of the proposed dwellings would allow for both the proposed dwellings to have a small front garden and rear gardens of a depth that would comply with the Council’s basic amenity criteria on the recommended depth of rear gardens. 1 Lodge Cottages would retain a large garden area to the south west, and 2 and 3 Lodge Cottages would both retain a small garden area approximately 9m in depth. It is not therefore considered that the proposal would detract from the privacy and amenities of the occupiers of the existing dwellings to the south. The Committee will note from the Planning History section of this report that there is an extant permission for the creation of a new vehicular access for 2 Lodge Cottages, on the land which forms part of this application site. No objections have been raised by the County Council Highway Authority subject to the imposition of appropriate conditions. It is therefore considered that the proposal would accord with Development Plan policy. RECOMMENDATION:- APPROVE, SUBJECT TO THE FOLLOWING CONDITIONS:2) These reserved matters shall relate to the appearance, landscaping and scale of the proposed development and this condition shall apply notwithstanding any indications as to these matters which have been given in the current application. 3) This permission is granted in accordance with the amended plans received by the Local Planning Authority on 12 May 2008, unless otherwise first agreed in writing by the Local Planning Authority. 4) Prior to the first occupation of the development hereby permitted the vehicular access shall be constructed in accordance with the Norfolk County Council residential access construction specification for the first 5m into the site as measured back from the near edge of the adjacent carriageway. 5) Vehicular and pedestrian access to and egress from the adjoining highway shall be limited to the access shown on the approved site plan submitted in support of the planning application only. Any other access or egress shall be permanently closed, and the highway verge shall be reinstated in accordance with a detailed scheme to be agreed with the Local Planning Authority in consultation with the Highway Authority, concurrently with the bringing into use of the new access. 6) Prior to the first occupation of the development hereby permitted a visibility splay measuring 25m to the south by 2m by 30m to the north shall be provided to each side of the access where it meets the highway. Such splays shall thereafter be maintained free from any obstruction exceeding 0.6m above the level of the adjacent highway carriageway. 7) Prior to the first occupation of the development hereby permitted the proposed access, on-site parking and turning area shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan. They shall be retained thereafter for those specific uses. 8) In association with the requirements of Condition number 2, a scheme for landscaping and site treatment to include grass seeding, planting of new trees and 21 shrubs, specification of materials for fences, walls and hard surfaces, and the proposed maintenance of amenity areas, shall be submitted to and approved as part of the application for reserved matters. The scheme shall also include indications of all existing trees and hedgerows on the land, and details of any to be retained (which shall include details of species and canopy spread), together with measures for their protection during the course of development. The scheme as approved shall be carried out not later than the next available planting season following the commencement of development or such further period as the Local Planning Authority may allow in writing. 9) No tree, shrub or hedgerow which is indicated on the approved plan to be retained shall be topped, lopped, uprooted, felled or in any other way destroyed, within ten years of the date of this permission, without the prior consent of the Local Planning Authority in writing. 10) Before the development hereby permitted is begun, all the existing trees identified on the approved plan to be retained shall be protected from damage during the course of the development by means of protective fencing in accordance with the details specified in BS5837 2005 'Trees in Relation to Construction' to the satisfaction of the Local Planning Authority. The protective fencing shall be maintained during the period of construction works on the site to the satisfaction of the Local Planning Authority. Within the fenced area(s) no soil, fuel, chemicals or materials shall be stored, temporary buildings erected plant or vehicles parked or fires lit. 11) No development shall take place within the site until the applicants, or their agents or successors in title have: a) secured the implementation of a programme of archaeological evaluation in accordance with a written scheme of investigation which has first been submitted to and approved in writing by the Local Planning Authority; b) submitted the results of the archaeological evaluation to the Local Planning Authority; and c) secured the implementation of a programme of archaeological mitigatory work in accordance with a second written scheme of investigation which has first been submitted to and approved in writing by the Local Planning Authority. REASONS:2) The application is submitted in outline form only and the details required are pursuant to the provisions of Article 3(1) to the Town and Country Planning (General Development Procedure) Order 1995 and the Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2006. 3) To ensure the satisfactory layout and appearance of the development in accordance with Policy 13 of the adopted North Norfolk Local Plan. 4) To ensure satisfactory access into the site, in accordance with Policy 147 of the adopted North Norfolk Local Plan. 5) To ensure safe access to the site in accordance with Policy 147 of the adopted North Norfolk Local Plan. 6) To ensure safe access to the site in accordance with Policy 147 of the adopted North Norfolk Local Plan. 7) To ensure the permanent availability of the parking and manoeuvring area, in the interests of highway safety, and in accordance with Policy 147 of the adopted North Norfolk Local Plan. 8) To protect and enhance the visual amenities of the area, in accordance with Policy 13 of the adopted North Norfolk Local Plan. 9) To protect and enhance the visual amenities of the area, in accordance with Policy 13 of the adopted North Norfolk Local Plan. 22 10) In order to protect trees on the site, in accordance with the requirements of Policy 13 of the adopted North Norfolk Local Plan. 11) In the interests of recording and preserving items of archaeological interest, in accordance with Policy 45 of the adopted North Norfolk Local Plan. HINDOLVESTON - 20080752 - Erection of single-storey garden room extension; plot 3, 43 The Street for Mr R Eggleton Target Date :08 Jul 2008 Case Officer :Mr G Linder (Full Planning Permission) CONSTRAINTS Residential Selected Small village RELEVANT PLANNING HISTORY 20041484 - (Outline Planning Permission) - Erection of three dwellings Approved, 15 Oct 2004 20070643 - (Full Planning Permission) - Erection of three detached dwellings and associated garaging Approved, 24 May 2007 20071286 - (Full Planning Permission) - Erection of dwelling (revised design to dwelling on plot 3) Approved, 17 Oct 2007 20080079 - (Full Planning Permission) - Erection of car port Approved, 11 Mar 2008 THE APPLICATION Seeks the erection of a garden room, having a total floor area of 15sq.m, to the eastern elevation of the dwelling. The extension would be constructed of facing bricks to match existing under a pitched pantile roof with a ridge height of 5m. The north elevation would have a triple French door whilst to the south elevation there would be a double French door with two roof lights above. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Combe having regard to the following planning issue: Relationship with the neighbouring property. PARISH COUNCIL Objects to the application on the following grounds (summarised):1. At the time permission was granted for the erection of the three dwellings the owner voluntarily moved the footprint of dwelling on Plot 3 4.5m further to the west due to the concerns of the owner of the neighbouring property to the east. The erection of a garden room in the location proposed would again move the footprint of the dwelling closer to the neighbouring property. 2. There have been several planning applications on this site the most recent for a car port to the western elevation. Rather than this incremental development of the site the Parish Council considers that all extensions should have been shown on the original application and that the latest proposal would significantly increase the overall footprint of the dwelling. REPRESENTATIONS 23 One letter of objection has been received from the owners of neighbouring property to the east, Garden House, which raises the following concerns (summarised):1. The proposed extension means that the dwelling to Plot 3 will not be in accordance with the approved plans in terms of its overall scale and massing now that its footprint will be increasing, resulting in an excessively large property on the site. 2. The proposed extension will mean that the dwelling is now 4.5 m closer to our property than previously negotiated with the owner. 3. The French doors of the proposed garden room extension will have an adverse impact on the amenities, privacy and enjoyment of our property and therefore fails to accord with the North Norfolk Design Guide. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 4: Selected Small Villages (small-scale residential development should enhance character) (development should be compatible with character). Policy 6: Residential Areas (areas primarily for residential purposes). Policy 13: Design and Setting of Development (specifies design principles required for new development). MAIN ISSUES FOR CONSIDERATION 1. Principle of development. 2. Impact of development on neighbouring property. APPRAISAL The site is located within the development boundary for Hindolveston where in principle there would be no objection to an extension to the existing dwelling subject to it comply with the requirements of Policy 13 of the North Norfolk Local Plan and the North Norfolk Design Guide. The garden room would be situated towards the northern corner of the eastern elevation of the dwelling and would be approximately 3.5m from the 1.8m high close boarded fence which runs the length of the eastern boundary. Beyond this is a hedgerow some 3m in height, which is within the applicant's ownership. As a result the total separation distance between the proposed extension and the neighbour's boundary would be in the region of 5.5m. Whilst an extension in this location would result in the loss of some garden area to the existing dwelling give the size of the plot it would maintain an amenity area to the eastern side of the property in the region of 8m in width by 17m in depth. There would be no windows to the eastern elevation of the garden room facing directly towards the neighbouring property. However there could be oblique views from the double French doors to the south elevation, but any possible overlooking of Garden 24 House would be mitigated by the close boarded fence to the eastern boundary and the hedgerow beyond. Given the relatively modest scale of the proposed extension it is not considered that it would have any significant impact on the neighbouring property, in terms of loss of light or overbearing impact. It is therefore considered that the proposed extension would not adversely affect the amenities of neighbouring properties, but would accord with Development Plan policy and the North Norfolk Design Guide. RECOMMENDATION:- APPROVE HOLT - 20071747 - Erection of two-storey dwelling; Public Conveniences Church Street for North Norfolk District Council MINOR DEVELOPMENT - Target Date :03 Jan 2008 Case Officer :Mr M Gannon (Full Planning Permission) CONSTRAINTS Town Centre Conservation Area RELEVANT PLANNING HISTORY 20071076 - (Full Planning Permission) - Erection of two semi-detached three-storey dwellings Withdrawn, 08 Nov 2007 THE APPLICATION Demolition of detached single-storey purpose-built public convenience and erection of detached three-bedroom dwelling with attached single garage. The proposals envisage the widening of the existing pedestrian access by the demolition of a 1.8m length of flint wall at the site frontage. Amended plans received incorporating revised design. REASON FOR REFERRAL TO COMMITTEE Deferred at a previous meeting of the Committee. TOWN COUNCIL Objects most strongly to the amended application. This is a non-residential street, within a Conservation Area with adjacent listed buildings. Such a proposal is overdevelopment. There would be traffic difficulties with this proposal (to which the highways officer may be unfamiliar). The entrance to the proposed dwelling is where funeral and wedding cars wait and local deliveries for the library take place. The proposal would result in the loss of a fine wall. REPRESENTATIONS Letters received in respect of the originally submitted scheme:16 letters/emails from local residents and businesses and further letters from Holt and District Chamber of Commerce and the Holt Society each raising some or all of the following objections (summarised):1. Church Street is not a residential area. 25 2. If site is to be redeveloped it should be for business use or an amenity for the benefit of visitors to the town. 3. Proposals will exacerbate traffic/parking problems. 4. Inappropriate position for new dwelling at entrance to churchyard. 5. Removal of part of important flint boundary wall. 6. Detract from character/appearance of this part of the Conservation Area. 7. Poorly designed house with little in common with its surroundings. 8. Overdevelopment of site with inadequate amenity space and potential overlooking of neighbouring property. 9. Church Street serves significantly more properties than the applicant's agent implies (including a recently approved extension to the school car park). 10. Loss of trees. 11. Loss of public convenience. 12. Awkward relationship to approved bungalow to rear/north. 13. Danger to pedestrians from traffic generated by the proposed development. 14. Loss of an attractive public building. 15. Main library building is early 19th century of high quality. Proposed building will detract from its setting. 16. Surrounding buildings are not all 'of domestic scale'. 17. Public conveniences should be retained and enhanced for the benefit of the town. 18. This formerly private site came into public ownership for the sole purpose of the provision of a public convenience for the town. 19. Better use for the site would be a tourist information centre/museum with replacement public toilets. 20. Applicant's agent has under estimated the actual traffic movements in Church Street associated with the church, school, businesses and dwellings. 21. No need for new dwelling at this location. 22. Future residents of the proposed dwelling would suffer inconvenience from the current problems arising from traffic and parking in Church Street in association with weddings/funerals, Sunday and daily services and concerts at the church. 23. Bell ringing could cause disturbance to future residents. 24. The site lies on the route of the Great Fire of Holt of 1708. 25. Public toilets are needed at this end of the town. In addition to the above individual letters a petition was received containing 430 signatures objecting to the proposals on the basis that the site should be retained for the benefit of the town including the provision of public toilets. One email in support of the original proposals was received (summarised):Support proposals to remove public toilets little used in the past by visitors/shoppers. Letters received in respect of the revised scheme:19 letters of objection from local residents and businesses and Holt and District Chamber of Commerce raising some or all of the following matters (summarised):1. Detract from the appearance of the locality. 2. Increased traffic. 3. Proposed building wholly lacking in architectural merit and inappropriate in this important location close to the church. 4. Single-storey development would be better subject to the provision of adequate space. 5. Loss of important boundary wall (contemporary with the Georgian library building to the west) - possibly the finest flint wall in Holt. 6. Loss of trees worthy of Tree Preservation Order. 7. Public Conveniences should be retained for the benefit of the town. 8. Site should be developed for community use/museum/Tourist Information Centre. 26 9. Church Street is not a residential location. 10. Occupiers of the proposed dwelling will suffer inconvenience from the high level of traffic using Church Street in connection with the school, church and businesses. 11. Ringing of the church bells may cause nuisance to occupiers of the new dwelling. 12. The site should be sold to the Town Council to give Holt residents more of a say in its eventual use. 13. Revised design has no more to commend it than the original scheme. Increased mass will have a greater impact on the neighbouring property. 14. Proposals fail to satisfy the Council's basic amenity criterion regarding garden size. 15. The formation of the vehicular access will result in 'an accident waiting to happen' given the high level of traffic using Church Street. 16. Proposals fail to enhance the form and character of the Conservation Area. 17. Proposed building too close to wall. 18. Two-storey development is out of keeping. 19. Loss of important trees. 20. Development of site is undemocratic. 21. Site should be developed for business use. 22. Site should be sold to Holt Town Council. 23. Trees on site frontage are likely to provide summer roost sites for bats. 24. Development of site is restricted by covenant. 25. Any financial gain shall be directed for the sole use of Holt. CONSULTATIONS Conservation, Design and Landscape Manager (Conservation and Design) Comments in respect of amended proposals: The proposed development would not have a detrimental impact on the character and setting of the Holt Conservation Area. The design could be described as 'conventional'. Should the application be approved I would prefer to see an alternative solution to the front door and its 'colonnade'. This is not a Georgian property. Impose standard conditions requiring the prior approval of external materials. Conservation, Design and Landscape Manager (Landscape) - Do not object to the above application, but have the following comments and recommendations to make:The site lies within the Conservation Area of Holt, adjacent to the entrance to the church and Gresham's playing fields. The eastern part of Church Street is characterised by mature trees, mainly sycamore, forming a gateway to the church and the playing fields, the church itself has an avenue of Limes. Within the site and on the site boundary are a number of trees of a mix of species, notably sycamore, ash and leylandii. Bordering the west of the site is a privet hedge (which is within the library boundary) and on the east of the site is a bank with a mixture of scrub and mature/semi-mature trees. The proposed development would result in the loss of young ash, a semi-mature sycamore and the leylandii trees. Two sycamores on the bank (which have grown in close proximity to each other) to the south-east of the site are to be retained. It is important to retain the character of Church Street and this part of Holt, therefore it is imperative that we protect and retain the large sycamores to the front of the site. These trees have immense public amenity and would be worthy of a Tree Preservation Order, however as these trees are not under threat of removal it would not be expedient to serve an Order in this instance. Although the other sycamore and ash (which are to be removed) add some value in terms of density of the tree canopy on the site, their contribution to the group of trees is not of such significance to warrant protecting in the long term. The sycamore is situated to the north of the retained sycamores making it difficult to define the tree individually from the Church Street direction, and although it is visible from the north the remaining canopy of the other sycamores will mitigate the impact of its removal. The loss of the ash tree is 27 regrettable, but the form of the tree has been somewhat suppressed by the dominant sycamores and nearby leylandii resulting in a reduced canopy. The view of the tree is partially hidden by buildings along Church Street, coming from a westerly direction, and would be completely screened from the north by the proposed dwelling. To ensure that the character of the area remains intact and in line with Policy 42 of the Local Plan, I would recommend that a number of conditions are placed on any permission given to protect the trees both during and after the development. In addition it is highly probable that bats (a European Protected Species) may use the trees on the site for shelter or protection, therefore the applicant should be advised of their responsibilities under the Conservation 9natural habitats, &c) Regulations 1994 (as amended) and a note attached to the decision notice. County Council (Highways) - Comments in respect of amended proposals: As with the earlier application on this site for two dwellings I have no objection to the granting of permission. Impose standard conditions regarding access and provision of on-site parking. Environmental Health - Comments in respect of amended proposals: No objection. Impose standard condition requiring submission of refuse storage details and note advising potential for the site to be contaminated in view of historical use. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 2: Small Towns (potential for growth subject to compatibility with existing character). Policy 7: Town and Large Village Centres (broad range of development/uses encouraged). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 42: Development in Conservation Areas (developments should preserve or enhance character). Policy 147: New Accesses (developments which would endanger highway safety not permitted). 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 9: Holt (identifies strategic development requirements). Policy EN 8: Protecting and enhancing the historic environment (prevents insensitive development and specifies requirements relating to designated assets and other valuable buildings). MAIN ISSUES FOR CONSIDERATION 28 1. Suitability of location for residential development. 2. Impact on the appearance and character of the Conservation Area. 3. Impact on amenities of adjoining properties. 4. Highway safety and traffic issues. APPRAISAL This application was deferred at the last meeting of the Committee for a site visit. The site lies within the town centre as designated in the Local Plan. In policy terms there is no objection to the proposed redevelopment of this site for residential purposes given that the development does not result in the loss of retail floorspace and given also that the erection of a single dwelling would cause no harm to the prime retail function of Holt Town Centre (Policy 7). The existing building on the site is of no special interest or significance. Accordingly there can be no objection in principle to its demolition providing the redevelopment of the site can be seen to preserve or enhance the appearance and character of this part of the Conservation Area. The amended proposals would result in a building which is not inappropriate in terms of its scale and design. The proposed use of lime render for the external walls and red clay pantiles for the roof is considered suitable for this location as are the general scale and design. The Conservation, Design and Landscape Manager's reservations concerning the proposed front door and colonnade could be addressed with a suitable condition requiring the prior submission and approval of precise details prior to construction. The amended proposals would result in a satisfactory relationship with all surrounding properties. Concern has been expressed regarding the impact of this development on the approved single-storey dwelling to the rear (north) of the site. Whilst the proposed building would clearly have some impact this side the distances are not considered to be unreasonable and it should also be noted that only one small window is proposed in the facing wall of the proposed building at first floor, this serving a bathroom. In any case the distance between facing windows would exceed the Local Plan basic amenity criteria. A condition requiring the window to be fitted with obscured glass would ensure that there is no overlooking or loss of privacy. The Highway Authority has no objection to the proposal. The amended proposals conform with Development Plan policy and the application is therefore recommended for approval. RECOMMENDATION:Approve subject to appropriate conditions. HOLT - 20080499 - Conversion and extension to provide six units of holiday accommodation; The Tithe Barn Letheringsett Hill for Indigo Touchwood Limited MINOR DEVELOPMENT - Target Date :23 May 2008 Case Officer :Mr G Lyon (Full Planning Permission) CONSTRAINTS Area of High Landscape Value Archaeological Site 29 Corridor of Movement Countryside Listed Building Grade II RELEVANT PLANNING HISTORY 19950234 - (Full Planning Permission) - Change of use to B1 - light industrial Approved, 16 May 1995 19950983 - (Full Planning Permission) - Change of use from industrial to holiday accommodation Withdrawn, 20 Nov 1995 19951425 - (Full Planning Permission) - Erection of extension to provide living accommodation in association with existing workshop Approved, 21 Jun 1996 19980317 - (Full Planning Permission) - Continued use of barn for a mixed use of B1, light industrial and A1, retail Refused, 05 Jun 1998 Appeal Dismissed, 11 Feb 1999 THE APPLICATION Seeks permission to convert and extend the buildings to form six units of holiday accommodation comprising one 3-bed unit, three 2-bed units and two 1-bed units. Proposals would require addition of new windows. Six car parking spaces are proposed. Amended plans have been received concerning size and form of new window openings. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Baker having regard to the following planning issue: Prominent building on the approach to Holt from the west. TOWN COUNCIL No objection. CONSULTATIONS Letheringsett Parish Council - Awaiting comments. Building Control Manager - Original plans concerned about means of escape. Amended Plans: Awaiting comments. Conservation, Design and Landscape Manager (Conservation and Design) - No objection in principle subject to changes to window details, glazing bar patterns and subject to the imposition of appropriate conditions. Amended plans satisfactory subject to reduction on size of the three-light windows in elevations A-A and F-F being reduced to two light. (Applicant has agreed to make further change.) County Council (Highways) - Awaiting comments. Environmental Health - Due to site history there is a potential for contamination (furniture manufacturers). Recommend appropriate conditions and note to applicant with any decision notice. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to 30 Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 5: The Countryside (prevents general development in the countryside with specific exceptions). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 29: The Reuse and Adaptation of Buildings in the Countryside (specifies criteria for converting buildings. Prevents residential conversion unless adjacent to a settlement boundary). Policy 37: Alterations and Extensions to Listed Buildings (prevents proposals which would be detrimental to character). Policy 42: Development in Conservation Areas (developments should preserve or enhance character). Policy 147: New Accesses (developments which would endanger highway safety not permitted). Policy 153: Car Parking Standards (specifies parking requirements for different use classes within different Local Plan policy areas). North Norfolk Core Strategy (Submission Document): Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 8: Protecting and enhancing the historic environment (prevents insensitive development and specifies requirements relating to designated assets and other valuable buildings). Policy EN 9: Biodiversity & geology (requires no adverse impact on designated nature conservation sites). Policy EC 2: The re-use of buildings in the Countryside (specifies criteria for converting buildings for non-residential purposes). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). Policy CT 5: The transport impact of new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). MAIN ISSUES FOR CONSIDERATION 1. Principle of the development. 2. Impact on the form and character of the listed building. 3. Impact on the setting of the listed building. 4. Impact on the form and character of the Conservation Area. 5. Highway safety. APPRAISAL The site is located in the Countryside policy area within which there is no objection to the principle of converting existing buildings for holiday use provided that the proposal complies with relevant saved Local Plan policies. 31 The main building, which is the most prominent element from the A148, is Grade II listed and the older adjoining buildings are considered to be listed as curtilage buildings. The site lies within the Glaven Valley Conservation Area. It is considered that the buildings are soundly built and capable of conversion without substantial re-building. From the road, the proposed changes to the listed building would be limited with the exception of a new front door. No new windows, roof lights or doors are proposed to the elevations facing the road or to the older parts of the buildings facing the access track. On the private, southern side of the building, two conservation rooflights and a ground floor window are proposed only. Changes to other parts of the existing building are designed to improve aesthetic appearance, whilst complying with Building Regulation requirements. On this basis it is considered that, with the use of appropriate materials and detailing, the proposal would preserve both the appearance and character of the listed building as well as preserve the character and appearance of the Glaven Valley Conservation Area. In respect of the issue of new build, the existing buildings on site have a total footprint of approximately 422sq.m. A timber garage is proposed to be demolished (34sq.m) along with a modern lean-to (24sq.m) and shed (8sq.m) and an element of new build is proposed in its place to the southern end of the site of some 65sq.m linking with the existing. As such, the element of new build represents 15% of the original footprint but, as a result of demolition of existing structures, there would be no net gain in footprint. On this basis it is considered that the proposal would accord with Policy 29. In respect of highway safety implications, the applicant has proposed six car parking spaces, which accords with advice given at pre-application stage. In respect of access onto the A148 (Corridor of Movement), advice is still awaited from County Council (Highways) and the Committee will be updated orally. Subject to no objections from consultees and satisfactory amended plans being received regarding window sizes and the imposition of appropriate conditions, the proposal is considered to comply with saved Local Plan Policies. RECOMMENDATION:Delegated authority to approve, subject to no objection from County Council (Highways), receipt of satisfactorily amended plans in respect of window sizes and subject to the imposition of appropriate conditions. HOLT - 20080552 - Alterations to former barn and outbuilding to form dwellings; The Tithe Barn Letheringsett Hill for Indigo Touchwood Limited Target Date :28 May 2008 Case Officer :Mr G Lyon (Alteration to Listed Building) See 20080499 also on this agenda. CONSTRAINTS Area of High Landscape Value Archaeological Site Corridor of Movement Countryside Conservation Area 32 Listed Building Grade II THE APPLICATION Seeks to convert and extend the existing buildings to form six units of holiday accommodation comprising of one 3-bed unit, three 2-bed units and two 1-bed units. Amended plans have been received concerning size and form of new window openings. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Baker having regard to the following planning issue: Prominent building on the approach to Holt from the west. TOWN COUNCIL No objection. CONSULTATIONS Letheringsett Parish Council - Awaiting comments. Conservation, Design and Landscape Manager (Conservation and Design) - No objection in principle subject to changes to window details, glazing bar patterns and subject to the imposition of appropriate conditions. Amended plans satisfactory subject to reduction on size of the three-light windows in elevations A-A and F-F being reduced to two light. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 37: Alterations and Extensions to Listed Buildings (prevents proposals which would be detrimental to character). North Norfolk Core Strategy (Submission Document): Policy EN 8: Protecting and enhancing the historic environment (prevents insensitive development and specifies requirements relating to designated assets and other valuable buildings). MAIN ISSUE FOR CONSIDERATION Impact on the form and character of the listed building. APPRAISAL The Conservation, Design and Landscape Manager considers that, subject to the receipt of satisfactory amended plans regarding the sizes of new windows, the proposal would be considered to preserve the special character and appearance of the listed building. 33 RECOMMENDATION:Delegated authority to approve, subject to receipt of satisfactorily amended plans regarding the sizes of new windows and subject to the imposition of appropriate conditions. RAYNHAM - 20080506 - Erection of fifty-eight dwellings; RAF West Raynham Massingham Road West Raynham for Tamarix Investments Limited MAJOR DEVELOPMENT - Target Date :27 Jun 2008 Case Officer :Mr M Gannon (Outline Planning Permission) See also 20080507 below. CONSTRAINTS Countryside Open Land Area Parish Boundary Consultation Area Selected Small Village Contaminated Land THE APPLICATION The erection of 48 detached, semi-detached and terraced two-storey dwellings and a two-storey block comprising 10 flats. The proposed dwellings would be spread within and adjoining the two distinct areas of former MoD housing to the north-east and west of the former airbase complex. Access, layout and scale are under consideration at this stage. Vehicular access to all the proposed units would be achieved by utilising/upgrading the existing road network within the site. It is proposed that the scale of all new buildings would reflect the existing buildings Twenty-three of the proposed units are offered as affordable homes. RELEVANT PLANNING HISTORY There have been no previous applications on the site but the five other applications have been submitted in conjunction with this application which give a fuller picture of the applicant's proposals for the site as a whole: 20080507 - Conversion of hangars to twenty loft style holiday apartments. 20080508 - Change of use of community centre to site office/sales centre and barrack block 101 as temporary housing for site construction workers. 20080509 - Change of use of former MoD buildings to community centre, creche health care clinic, aviation museum and church. 20080510 - Use of building 28 as A1 (retail shop). 20080511 - Use of former MoD buildings as squash court and gymnasium. REASON FOR REFERRAL TO COMMITTEE Deferred at a previous meeting of the Committee. PARISH COUNCIL 34 Objects. This proposal is the largest development in the Parish since RAF West Raynham was built and it is proposed at a time when the North Norfolk District Council Local Development Framework is incomplete. Given that there are still 150+ houses to refurbish and sell/let North Norfolk District Council should defer this proposal until it can be assessed in relation to the Local Development Framework. REPRESENTATIONS Three letters of objection from local residents (summarised): 1. Surrounding road network is inadequate to safely accommodate the traffic associated with the proposed development both when the houses are built and during the construction phase. 2. Noise and disturbance to nearby residents arising from increased traffic. 3. A new link road to the A1065 should be constructed at the developer's expense bypassing existing dwellings. 4. Impact on traffic levels should first be monitored when the existing housing stock is fully re-occupied. The applicant has submitted the following information in support of the application:1. Arboricultural Survey and Assessment. 2. Habitat and Protected Species Survey and Report. 3. Flood Risk Assessment. 4. Community Involvement Statement. 5. Historical and Site Development Study. 6. Land Contamination Assessment. 7. Lighting/Light Pollution Statement. 8. Open Space Statement. 9. Utilities Statement. 10. Transport Statement. These documents are available for inspection in the Planning Office. The applicant's 'Mission Statement and General Ethos' is appended to the Agenda (see Appendix 3). CONSULTATIONS East Rudham Parish Council - Object. East Rudham Parish Council considered all the applications together as the Parish Council's concerns are for the impact developments at RAF West Raynham will have on the residents of East Rudham. East Rudham Parish Council is very concerned that the road from the airbase to East Rudham is designated as a heavy/light traffic route. East Rudham is currently experiencing high and difficult traffic movements through the parish. Any significant increase in traffic movements would be intolerable. East Rudham Parish Council considers that a comprehensive traffic survey needs to be carried out to determine the level of traffic which would converge at the A148 at East Rudham. The Parish Council is also concerned regarding the support services, e.g. sewerage. The facilities at East Rudham would be unable to cope with the sewerage outfall created by the development at West Raynham Airfield. Great Massingham Parish Council - Awaiting comments. West Rudham Parish Council - No objection. Subject to review of the transport links. Residents will not be confined to work on site as in RAF days so much more traffic is likely on access roads that are little better than country lanes. New building should not be considered until existing housing stock is sold off. All external lighting to be focussed downwards. 35 Helhoughton Parish Council - Object. There are very real concerns regarding the increase in traffic through Helhoughton If consent is granted for the building of 58 new dwellings as per application 20080506 and the conversion of hangars to loft style holiday apartments as per application 20080507. Helhoughton Parish Council considers that the increased traffic through Helhoughton generated by this proposal would be totally unacceptable. Little Massingham Parish Council - Object. The Parish objection to this proposal is on the basis that at present none of the services have been proved effective. There are numerous houses yet to be sold and with this are the effects on the wider community. How will all these houses be served as far as schooling? All local schools are full. The traffic is a major issue especially as when it was an RAF base most worked on site and so had no need to commute. Such a large community must be fully planned prior to any new build going ahead and the existing infrastructure must be seen to work first. Weasenham St Peter Parish Council - Awaiting comments. Anglian Water - Awaiting comments. Breckland District Council - The submission version of the North Norfolk Local Development Framework Core Strategy identifies former RAF West Raynham in the Economy policies as a location for economic re-use provided such re-use is on the Technical Areas. The North Norfolk Local Development Framework recognises that a careful balance needs to be struck between the need to take a positive approach to the re-use of these areas and the fact that in wider sustainability terms they are poorly located in terms of accessibility to services and facilities. The provision of 58 new 'infill' housing units within the existing residential areas is not of a scale to directly concern Breckland. In principle the proposal for new housing is contrary to national policy set out in PPS1, PPS3, PPS7, PPG13, regional policy and North Norfolk's emerging Local Development Framework policy, all of which seek to direct new housing provision to sustainable locations (market towns and local service centres) and where there is an identified need. The re-use of existing housing stock would have met the small localised need and any additional housing is likely to exacerbate unsustainable travel patterns, including traffic through Weasenham (identified in the Transport Statement as a 'major route to the site'). The proposal to provide a new community centre, recreation facilities and a retail shop will provide new facilities reasonably close to Breckland communities such as Weasenham and Wellingham where there is currently a paucity of service provision. In principle Breckland Council raises an objection to the residential element of this proposal in terms of the unsustainable location and potential impact on Breckland Communities identified as being on a 'major transport route' to the site. Conservation, Design and Landscape Manager (Landscape) - Awaiting Comments. County Council (Highways) - The Mission Statement and Preamble talks about an opportunity to re-create a sustainable village community. I consider that it is premature to be looking at individual applications before a master plan for the site is produced showing how that will be done. Is the scale of what is being proposed really sustainable? Ideally a development large enough to sustain a primary school should be developed. If a new village is to be formed here the question is what is the best and most sustainable way to do that. New housing should be matched by new employment opportunities. I am concerned that we will end up with a commuter village in the countryside. Traffic and transport issues are clearly going to be important and decisions need to be made in the light of how the whole site will be redeveloped not on a piecemeal basis. 36 It is recognised that this site must have generated traffic when the base was in use and that there are a significant number of building assets on the site that could be reused. However, there has been no meaningful assessment of the former traffic and transport situation at the site in the lead up to the site being closed to establish a realistic traffic base from the site in its recent past and an understanding of the traffic and transport solutions in place at that time. The applicant's Transport Statement is not accepted. Access for construction traffic will be a major issue with this site. The route out to the A148 at East Rudham is apparently the route formally used by the RAF. This route should be properly surveyed to look at its suitability as a construction traffic route and identify any necessary improvements such as passing bays on stretches of road that are less than 5.5m wide. There will be a need for a legal agreement to be in place to address the issue of extra-ordinary wear and tear caused by construction traffic and for all construction traffic to use only this route to the site. The refurbishment of the existing housing will lead to the County Council as Education Authority having to fund bussing for Primary and Secondary pupils to local schools. According to the application preamble (page 2) there are 128 married quarters and 44 officers quarters houses extant on the site. This total of 172 houses is estimated to bring forward this many children: Age 5-11: 43.69, Age 11-16: 24.08, Age 16-18: 4.82 Planning permission is being sought for an additional 58 dwellings, comprising 10 multi-bed flats and 48 multi-bed houses, equating to 53 family houses, which are estimated to bring forward this many children: Age 5-11: 13.46, Age 11-16: 7.42, Age 16-18: 1.48 The County will therefore have to lay on two new schools services to get children to the local primary school in Raynham and Secondary school pupils to Fakenham. The children from the new housing will be able to be accommodated on the buses for the existing housing so the new housing will not give rise to additional buses being needed. I recommend a holding highway objection until a proper Transport Assessment has been carried out to support all the applications. I will, of course, be willing to discuss the scope of this document with the developer to avoid abortive or unnecessary work being undertaken. County Council (Planning) Education: There is sufficient space at local schools to absorb the likely number of children which the development will bring forward. Accordingly the County Council's Children's Services Department will not be seeking developer contributions on this occasion. Fire Service: Norfolk Fire Services have indicated that the proposed development will require the following infrastructure, depending on whether there are plans for the site to be served by mains water. Either 3 hydrants or a charged static water tank (or similar to the satisfaction of fire and rescue authority) will have to be provided by the developer. If hydrants are to be provided these will have to be installed during construction to the satisfaction of Norfolk Fire Service and at no cost. The hydrants could be delivered through a planning condition. Library Provision: Additional stock will be required to increase the capacity of the service. A developer contribution of £3,480 (ie £60 per dwelling) will be sought payable in one lump sum on occupation of the tenth dwelling. Environment: There may be a requirement for landscaping and future maintenance of planted areas on highway land. Where there are mature trees, hedges or other vegetation bounding the site and these are growing on land to be adopted as part of the highway, a commuted sum will be required to cover their future maintenance. Environment Agency (Comments summarised): 37 Flood Risk: Applicant's Flood Risk Assessment is insufficient in considering flood risk. Further information is requested in this respect. Further comments will be submitted pending receipt of the enhanced FRA. Groundwater and Contaminated Land: The information provided indicates the possible presence of a fuel storage tank, oil/lubricant/inflammable storage/workshop, transformer and a possibly backfilled marl pit on or adjacent to the proposed development site 'B' and a possibly filled marl pit on development site 'C'. As these uses of the site may have caused contamination that poses a risk to controlled waters the Environment Agency will object to the application unless conditions are imposed, a) requiring the submission of a scheme to identify contaminants and assess the risks to all potential receptors and propose any necessary remedial measures, b) the carrying out of and verification of recommended works, c) provision of a long term monitoring and maintenance plan and d) cessation of development if contamination not previously identified is found to be present on the site pending further discussion with the Local planning Authority. Water Quality: No objection to the reuse of the existing sewage treatment works, subject to further consideration of the requirement for nutrient removal. A discharge consent will be needed. Environmental Health - No objection. Notwithstanding the general information submitted with the application a condition should be imposed requiring an investigation and assessment into the presence of possible contaminants affecting the site and the subsequent implementation of any necessary measures arising from the report. Kings Lynn and West Norfolk Borough Council - The application does not present any concerns for the Borough of Kings Lynn and West Norfolk. Planning Policy Manager - Awaiting comments. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. 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 Local Plan - (Adopted 2 April 1998 - saved policies): Policy 4: Selected Small Villages (small-scale residential development should enhance character) (development should be compatible with character). Policy 5: The Countryside (prevents general development in the countryside with specific exceptions). Policy 6: Residential Areas (areas primarily for residential purposes). Policy 8: Open Land Areas (protected against general development - reserved for leisure/recreation purposes). Policy 147: New Accesses (developments which would endanger highway safety not permitted). 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). 38 Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). 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 EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EC 4: Redundant defence establishments (specifies criteria for development at redundant defence establishments). Policy EN 6: Sustainable construction and energy efficiency (specifies sustainability and energy efficiency requirements for new developments). Policy CT 5: The transport impact of new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). MAIN ISSUES FOR CONSIDERATION 1. Conflict with Development Plan Policy. 2. Adequacy of the surrounding highway network to accommodate additional traffic. APPRAISAL This application was deferred at the last meeting to await outstanding consultation replies and enable the applicants to respond to the comments received. West Raynham Airbase is designated in the Local Plan as a Selected Small Village. The Local Plan identifies two residential areas within the settlement. These comprise the former officers' quarters (44 dwellings) and the former married quarters (128 dwellings). These two areas are quite separate and distinct. The married quarters comprise a fairly tight-knit development of two-storey semi-detached and terraced houses while the officers' quarters comprise a more loose-knit development of detached and semi-detached two-storey houses. The applicant's intention is to renovate all of the existing housing stock. This process has already commenced. Under Local Plan policy it would be acceptable to build individual dwellings or small groups of dwellings within the existing residential areas designated as residential in the Local Plan. Any larger proposals would have to include affordable units for those in excess of four. It is accepted that had this been a 'traditional' settlement there could have been incremental development over the years resulting in a substantial increase in the total number of dwellings. It is only the closure of the airbase and subsequent retention of the site in MoD ownership that has prevented this from happening. Prior to submission of the planning application discussions took place between officers and the applicant (without prejudice) to establish the total number of infill plots that could potentially have been developed over the years within the designated development boundary and in compliance with Local Plan policies. This theoretical exercise resulted in the number of dwellings currently proposed. However, in producing the layout now proposed this number of units is proposed to be sited more logically to reflect the character of existing development and this has placed 29 of the units outside (but adjacent to) the village development boundary. The proposals also envisage 15 new dwellings on land identified in the Local Plan as Open Land Area. The current proposals are clearly contrary to Local Plan policy. Firstly the number of units exceeds the Local Plan definition of a small group of houses. Secondly, twentynine of the proposed dwellings fall outside the development boundary within the Countryside policy area. Thirdly, fifteen of the proposed new dwellings would be built on land identified in the Local Plan as Open Land Areas. Therefore there is a case for 39 refusal on policy grounds. However, it is accepted that 58 dwellings (in small groups) could have been provided within the Selected Small Village in accordance with policy. If the number of dwellings had been provided over time in groups of up to four there would have been no requirement for affordable housing. Neither would the infrastructure enhancements and community facilities now being offered have been achievable. Furthermore the current proposals provide the opportunity for a more spacious and better quality of development than would have been achievable within the confines of the Selected Small Village boundary. The applicant's acquisition and control of the entire site does present a unique opportunity to create a sustainable community within the confines of the former airbase. Within the many redundant buildings on the site opportunities exist to introduce future community and employment opportunities and Members will note that current proposals for some of these buildings are put forward in the current planning applications. In addition the applicants have now submitted a plan indicating preferred/suggested uses for the majority of buildings on the site in addition to those subject of the current planning applications. This would provide for a mix of commercial/employment uses for which further planning applications will need to be submitted in due course. Given the size and number of useable buildings on the airbase it is considered that the applicant's proposals to expand the resident population deserve serious consideration. The applicant's intention is to create a sustainable village community environment. Linked with an eco-friendly programme of refurbishment it is also proposed to incorporate the following measures: 1. Reconstruction of the private sewage treatment plant. 2. Repair and improvement to private borehole for water provision. 3. Rainwater recycling. 4. Improvements to electricity infrastructure including private generation. 5. Biomass electricity and central heating plant (subject to planning permission) for electricity generation and community heating in existing buildings. 6. Incorporation of all possible insulation procedures. 7. Solar heat and possible ground source heat systems where appropriate. 8. Advanced waste recycling. 9. Upgrading of existing environmental layout to give security and privacy. In association with this application the applicant is offering to enter into a Section 106 Obligation in respect of the following measures: 1. Provision of 23 affordable homes under the auspices of a registered social landlord within an agreed timetable linked to the release of the new market housing. 2. Designation of protected zones of open space. 3. Provision of community centre and creche when 50% of the existing housing stock has been re-occupied. 4. Provision of a shop within 6 to 9 months. 5. Covenant not to develop any further infill plots within the designated village settlement boundaries. 6. Provision of the gymnasium, squash and tennis courts within an agreed timetable. Further discussions are taking place between the applicant and County Council Highways with a view to establishing precisely what would be required of the developers to overcome the highway objection. Members will be updated at the meeting as to progress regarding the matter. It is clear from a number of the consultation responses that the highway issues are of considerable importance in this case. Subject to the outcome of these discussions and the resolution of all outstanding technical issues it is considered that the potential benefits arising from the overall 40 proposals for the former airbase may justify consideration as a departure from Development Plan policy. Any further responses received will be reported at the meeting. RECOMMENDATION:The Committee will be updated at the meeting. RAYNHAM - 20080507 - Conversion of hangers to twenty loft style holiday apartments; RAF West Raynham Massingham Road West Raynham for Tamarix Investments Limited MAJOR DEVELOPMENT - Target Date :27 Jun 2008 Case Officer :Mr M Gannon (Full Planning Permission) See also 20080506 above. CONSTRAINTS Countryside Contaminated Land THE APPLICATION Change of use and conversion of four large similar aircraft hangars to create 20 holiday apartments. The four buildings are of steel frame/concrete construction with glazed panels in the main front/rear walls and sliding doors in the side elevations. Each of the buildings has a footprint of approx. 91m x 57m. The application seeks permission for change of use only. No details have been submitted but the applicant's Design and Access Statement outlines the concept of the creation of an "airpark" enabling individuals to use the airstrip for their own aircraft coupled with the opportunity of having their own rented apartment for a limited duration. The self contained apartments would be created within the vast roof spaces, with south facing balconies overlooking the proposed short runway. REASON FOR REFERRAL TO COMMITTEE Deferred at a previous meeting of the Committee. PARISH COUNCIL Objects. The proposal is residential in nature yet it lies in the "technical" area of the former airbase (see Core Strategy Policy EC4) and not in the area identified as residential. REPRESENTATIONS Three letters of objection from nearby resident (summarised): 1. Concern regarding the adequacy of the local road network to accommodate additional traffic. 2. Possible fire risk if it proposed to create living accommodation above aircraft storage areas. 3. Noise associated with aircraft movements. 4. Risk to RAF aircraft who still carry out low level flights in the area. 5. New link road should be constructed at the developer's expense to the A1065 bypassing existing dwellings. 41 CONSULTATIONS East Rudham Parish Council - Object. East Rudham Parish Council considered all the applications together as the Parish Council's concerns are for the impact developments at RAF West Raynham will have on the residents of East Rudham. East Rudham Parish Council are very concerned that the road from the airbase to East Rudham is designated as a heavy/light traffic route. East Rudham is currently experiencing high and difficult traffic movements through the parish. Any significant increase in traffic movements would be intolerable. East Rudham Parish Council considers that a comprehensive traffic survey needs to be carried out to determine the level of traffic which would converge at the A148 at East Rudham. The Parish Council is also concerned regarding the support services, eg sewerage. The facilities at East Rudham would be unable to cope with the sewerage outfall created by the development at West Raynham Airfield. Great Massingham Parish Council - Awaiting comments. Weasenham St Peter Parish Council - Awaiting comments. West Rudham Parish Council - No objection. Need not obvious; Should not develop into a "holiday village". All external lighting to be focussed downwards Helhoughton Parish Council - Object. There are very real concerns regarding the increase in traffic through Helhoughton if consent is granted for the building of 58 new dwellings as per application 20080506 and the conversion of hangars to loft style holiday apartments as per application 20080507. Helhoughton Parish Council considers that the increased traffic through Helhoughton generated by this proposal would be totally unacceptable. Little Massingham Parish Council - Object. Is this a viable option? The Parish Council feel that the area needs affordable housing not holiday homes. There are still unsold holiday barns close by at Woodfarm, Helhoughton unsold for two years so why have more in this area? Anglian Water - Awaiting comments. Breckland District Council - The submission version of the North Norfolk LDF Core Strategy identifies former RAF West Raynham in the Economy policies as a location for economic re-use provided such re-use is on the Technical Areas. The North Norfolk LDF recognises that a careful balance needs to be struck between the need to take a positive approach to the re-use of these areas and the fact that in wider sustainability terms they are poorly located in terms of accessibility to services and facilities. Conservation, Design and Landscape (Landscape) - Awaiting comments. County Council (Highways) - The Mission Statement and Preamble talks about an opportunity to re-create a sustainable village community. I consider that it is premature to be looking at individual applications before a master plan for the site is produced showing how that will be done. Is the scale of what is being proposed really sustainable? Ideally a development large enough to sustain a primary school should be developed. If a new village is to be formed here the question is what is the best and most sustainable way to do that. New housing should be matched by new employment opportunities. I am concerned that we will end up with a commuter village in the countryside. Traffic and transport issues are clearly going to be important and decisions need to be made in the light of how the whole site will be redeveloped not on a piecemeal basis. 42 It is recognised that this site must have generated traffic when the base was in use and that there are a significant number of building assets on the site that could be reused. However, there has been no meaningful assessment of the former traffic and transport situation at the site in the lead up to the site being closed to establish a realistic traffic base from the site in its recent past and an understanding of the traffic and transport solutions in place at that time. The applicant's Transport Statement is not accepted. Access for construction traffic will be a major issue with this site. The route out to the A148 at East Rudham is apparently the route formally used by the RAF. This route should be properly surveyed to look at its suitability as a construction traffic route and identify any necessary improvements such as passing bays on stretches of road that are less than 5.5m wide. There will be a need for a legal agreement to be in place to address the issue of extra-ordinary wear and tear caused by construction traffic and for all construction traffic to use only this route to access the site. In themselves the loft style holiday apartments are unlikely to cause significant problems post construction. However, they will eat into the base traffic level and that impact needs to be assessed and addressed. Environment Agency - Standard advice regarding the provision of private sewage treatment plants and surface water disposal Environmental Health - No objection in principle. has some concerns over the noise aspect of aeroplanes arriving and taxiing under the apartments in respect of both noise and hours of use. If possible would like further details or to agree some of these issues before approval. If this is not possible then would need to look at conditions around hours of use, insulation and noise control. Also has concerns over the storage of hazardous material, fuel etc, in and out of the aeroplanes which would be stored below the residential apartments. Kings Lynn and West Norfolk Borough Council - the application does not present any concerns for the Borough of Kings Lynn and West Norfolk Planning Obligations Co Ordinator - Fire Service: Norfolk Fire Services have indicated that the proposed development will require the following infrastructure, depending on whether there are plans for the site to be served by mains water. Either 3 hydrants or a charged static water tank (or similar to the satisfaction of fire and rescue authority) will have to be provided by the developer. If hydrants are to be provided these will have to be installed during construction to the satisfaction of Norfolk Fire Service and at no cost. The hydrants could be delivered through a planning condition. Environment: There may be a requirement for landscaping and future maintenance of planted areas on highway land. Where there are mature trees, hedges or other vegetation bounding the site and these are growing on land to be adopted as part of the highway, a commuter sum will be required to cover their future maintenance. No contribution will be sought in respect of Education and Library Provision in this instance. Fire Officer - No objections as visually there will probably be no real difference. However, we would like to maintain our consultation with Building Control when more detailed plans are submitted. Due to volatile nature of aviation fuel we will be very interested in the proposed fire engineering solutions proposed with mixed use hangars with sleeping accommodation above the parked aircraft within the buildings. Building Control Manager - No comment. Norfolk Landscape Archaeology - The proposed development affects military airfield buildings of pre-Second World War date. Military airfield buildings of this period are 43 disappearing from the County as a result of development and have been identified as a priority in the regional research frameworks for archaeology. If planning permission is granted, we therefore ask that a condition requiring a programme of archaeological works in accordance with PPS16 be imposed. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 5: The Countryside (prevents general development in the countryside with specific exceptions). Policy 29: The Reuse and Adaptation of Buildings in the Countryside (specifies criteria for converting buildings. Prevents residential conversion unless adjacent to a settlement boundary). Policy 147: New Accesses (developments which would endanger highway safety not permitted). 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 SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). Policy EC 4: Redundant defence establishments (specifies criteria for development at redundant defence establishments). Policy HO 9: Re-use of rural buildings as dwellings (specifies criteria for converting buildings to dwellings). 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 EC 10: Holiday and seasonal occupancy conditions (specifies the conditions to be attached to new unserviced holiday accommodation). Policy CT 5: The transport impact of new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). MAIN ISSUES FOR CONSIDERATION 1. Appropriateness of use of buildings 2. Adequacy of the surrounding highway network to accommodate additional traffic. APPRAISAL This application was deferred at the last meeting to enable further consultation of the environmental health and safety issues arising from the development. 44 The application relates to four large structures arranged in a crescent at the south eastern edge of the developed part of the former airbase. The buildings are the largest remaining structures on the airbase and are a prominent feature in the landscape. The buildings are situated in the Countryside policy area as designated in the Local Plan. Conversion to holiday accommodation is in broad compliance with Local Plan Policy 5 (recreation/tourism). However, given the countryside location the proposed change of use has to be considered with particular reference to Local Plan Policy 29. The buildings appear to be in generally sound condition. The applicant's Design and Access Statement suggests that the change of use could be achieved with no significant alteration to the external appearance other than the introduction of roof glazing and opening up of the existing glazed areas on the elevations facing the runways. In this respect it is accepted that the proposed change of use could preserve the appearance and character of these interesting buildings in compliance with the physical requirements of Local Plan Policy 29. In any case, if the eventual detailed proposals result in material alterations to the external appearance of the buildings these would have to be the subject of a further application for planning permission. Notwithstanding the unusual nature of these buildings their proposed re-use for holiday purposes accords with Development Plan policy in broad terms. The applicants are in discussion with County Council Highways. Broadly, the applicants have stated a willingness to fund improvements to the surrounding road network in association with the various development proposals for the site. Members will be updated as to the progress of these discussions at the meeting. With regard to the environmental health issues further information has been sought from the applicants' agent. Members will, however, note that neither the Building Control Manager nor the Fire Officer has raised objections to the development in principle. Subject to the resolution of the concerns raised by County Council Highways and subject to no new grounds of objection being received the application is recommended for approval. RECOMMENDATION:Delegated authority to approve subject to no new grounds of objection from outstanding consultees and prior resolution of the concerns raised by County Council Highways regarding the impact of the proposals on the surrounding highway network, and to the imposition of appropriate conditions. RYBURGH - 20080619 - Change of use from office/storage to ten residential dwellings, one residential flat and A1 (post office/store); The Granary Station Road Great Ryburgh for Michael McNamara Associates MAJOR DEVELOPMENT - Target Date :04 Jul 2008 Case Officer :Mr G Lyon (Full Planning Permission) CONSTRAINTS Area of High Landscape Value Archaeological Site Residential 45 Railway Proposal Selected Small Village Village Employment Wensum Valley Project Contaminated Land RELEVANT PLANNING HISTORY 20070637 - (Full Planning Permission) - Change of use from office to four residential units Withdrawn, 31 May 2007 20071266 - (Full Planning Permission) - Change of use from B1/B2 (business/general industrial) to A1/A3 (shop and store/restaurant) Withdrawn, 12 Oct 2007 THE APPLICATION Seeks to convert the granary building and change its use to create 10 residential dwellings (8 two-storey and 2 single-storey), one flat and an A1 (post office/store). Access would be taken from Station Road via the existing Maltings access with parking for 15 cars at the northern end. Gardens for the proposed units would be on the eastern side ranging in depth from approximately 3.5m to 10m. REASON FOR REFERRAL TO COMMITTEE Deferred at a previous meeting of the Committee. PARISH COUNCIL Support. REPRESENTATIONS Nine letters of support have been received. Summary of comments:1. Applicant has sought in vain to find commercial users for the property. 2. These proposals represent a practical way forward. 3. The village shop is going to close and this proposal will help fill the void. 4. Will provide valuable affordable and starter homes for young people. 5. A Community Interest Company, Ryburgh Community Enterprise CIC, has been incorporated to run the shop and post office. (incorporation number: 06563430 registered 11 April 2008). 6. The owner of the Granary will gift the shop premises to the company and has agreed to let the village buy the first unit of housing for less than the market value to provide extra space. The additional space will allow the company to establish more than just a shop but a tea room and maybe a doctor's surgery. 7. This is a real opportunity for Great Ryburgh to take a step forward to sustain the village for the future. 8. The shop will be of great benefit to those who do not have a car. 9. Grants have been received for the project. 10. If the application fails, the impact on Great Ryburgh will be huge. Applicants' Design and Access Statement attached at Appendix 4 Letter from applicants in response to Committee's deferral of application at last meeting attached as Appendix 5 CONSULTATIONS Anglian Water - Awaiting comments. 46 County Council (Transportation) - Expresses concerns over cotrol of the private access road, visibility at its junction with Station Road and lack of customers roadside footpath. Full comments attached at Appendix 6 Environmental Health - Recommend conditions regarding control of noise (from adjacent Crisp Maltings), contamination assessment (if digging up ground for water pipes etc) and lighting condition. Planning Policy Manager - Awaiting comments. Strategic Housing - There is a substantial need for affordable housing across the district, a Strategic Housing Market Assessment undertaken by Fordham Research identifies a need for in excess of 900 affordable dwellings per year. There are at present 267 applicants currently on the Council's Common Housing Register who have indicated a preference for Great Ryburgh. Policies 4 and 58 Under the above policies 'in selected small villages development proposals for more than four dwellings may be permitted provided that all the excess dwellings are for affordable housing'. The proposals are for the conversion of the existing office and storage buildings resulting in the creation of eleven residential units plus a Post Office/Store. Therefore under Policy 58, the maximum of four will be permitted for sale on the open market with seven dwellings being affordable. The applicant has included for 5 of the units to be affordable. However, the above Local Plan policies have been in existence for a number of years and the cost of the requirement for the full quota of affordable housing may be prohibitive to the re-development. The applicant has provided no supporting financial information to support a reduction in the amount of affordable housing required under the above policies. In conclusion Strategic Housing supports this application subject to the applicant meeting the Council's affordable housing requirement in terms of quota, affordability and mix. A Section 106 Agreement will be required for all affordable housing contributions made under Policies 58. The Section 106 Agreement will be completed prior to the issuing of outline or full planning consent (whichever is first). This agreement will include provisions to ensure: the agreement is a local land charge; the amount, type and mix of the affordable housing; in instances of on-site provision the applicant will covenant to transfer completed affordable housing units built to an agreed standard and at an agreed cost to a Registered Social Landlord which requires no grant subsidy and whereby the Registered Social Landlord will be able to charge social rent levels or an affordable level of shared equity for low cost home ownership; that the dwellings are occupied initially, and in perpetuity, only by those in housing need; phasing of dwelling provision. Economic and Tourism Development Manager - Awaiting comments. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Further consideration of this issue will be given at the meeting. 47 CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 4: Selected Small Villages (small-scale residential development should enhance character) (development should be compatible with character). Policy 10: Village Employment Areas (reserved for small-scale business, industrial, storage purposes). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 16: Pollution Control (aims to protect public amenity and natural habitats against potentially polluting developments) (prevents sensitive development near to existing polluting environments). Policy 17: Control of Noise (aims to protect public amenity from noise generating developments) (prevents sensitive developments near to noisy environments). Policy 18: Light Pollution (aims to prevent insensitive lighting schemes to protect residents, traffic safety and environment). Policy 58: Affordable Housing in Selected Small Villages (developments of over four dwellings should be made up of affordable housing provision, subject to genuine local needs). Policy 73: Development in Village Employment Areas (specifies criteria for development appropriate for such areas, in terms of uses, size, type and environmental impacts). Policy 132: Fakenham to Norwich Disused Railway Trackbed (safeguards against prejudicial development). Policy 147: New Accesses (developments which would endanger highway safety not permitted). Policy 153: Car Parking Standards (specifies parking requirements for different use classes within different Local Plan policy areas). 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 SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). Policy HO 1: Dwelling mix and type (specifies type and mix of dwellings for new housing developments). Policy HO 3: Affordable housing in the Countryside (specifies the exceptional circumstances under which affordable housing developments will be allowed in the Countryside policy area). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 6: Sustainable construction and energy efficiency (specifies sustainability and energy efficiency requirements for new developments). Policy CT 5: The transport impact of new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). Policy CT 7: Safeguarding land for sustainable transport uses (safeguards railway land against prejudicial development). MAIN ISSUES FOR CONSIDERATION 1. Principle of the development. 2. Affordable housing. 48 3. Impact on the amenity of adjacent residential properties. 4. Impact on character of the existing building. 5. Highway safety. APPRAISAL Determination of this application was deferred at the last meeting to allow discussions with the agent regarding the level of affordable housing, to await consultation responses and to seek the views of the Economic and Tourism Development Manager in respect of demand for business and storage uses. The application site is within a village employment area where B1, B2 and B8 uses are normally considered acceptable, whilst the introduction or intensification of nonemployment generating uses will not be permitted. As such, the proposed development would be contrary to the saved policy in the North Norfolk Local Plan and should only be permitted where there are material circumstances to justify a departure from adopted policy. The applicant's supporting information indicates the history of lettings and marketing which suggests that there are difficulties in both finding and retaining suitable commercial occupiers and the income generation is therefore limited. The applicant therefore considers that the submitted scheme is the only option left for the building. Further consideration will be given to this matter when the comments of County Council (Planning), the Economic and Tourism Development Manager and the Planning Policy Manager have been received. Notwithstanding the fundamental policy objection to a housing scheme within a village employment area, the proposal includes a significant proportion of affordable housing, which is a material consideration which could outweigh the policy conflict. In Selected Small Villages development proposals for more than four dwellings may be permitted provided that all the excess dwellings are for affordable housing. The number of affordable dwellings must not exceed the total need for such housing in the civil parish in which the development proposal is situated and its adjoining civil parishes. The number of affordable units falls two short of the number expected for a scheme of eleven dwellings in a selected small village. There is therefore a requirement for the applicant to justify why seven affordable units cannot be provided and, if they cannot provide the necessary number this should be backed up by supporting evidence. The applicant has been asked to provide further justification to support the application. Officers are giving further consideration as to whether it would be possible in principle to secure the affordable housing requirements by means of a condition rather than through Section 106. Members will be updated on this issue. A significant proportion of the dwellings proposed would have garden depths that fall well short of those recommended by the basic amenity criteria. Only units 4-8 meet the minimum distance of 10m, with Unit 10 having the shallowest depth of 3.5m. The shallow garden depths and close proximity of a neighbouring property to the east, known as 'The Dehn' means that many of the units and particularly the flat above the shop and houses 1 to 3, would not comply with the minimum window-to-window distances required by the basic amenity criteria, particularly given the number of windows present on the western elevation of the adjacent property. As such, careful consideration should be given to the internal layout of the building to ensure that the 49 best relationship is created. The applicant also is being requested to confirm details of boundary treatments to private gardens. The application proposes a number of changes to the external appearance, some of which would be less than sympathetic to the character of the building. The applicant has been asked to consider this and make necessary amendments. Committee will be updated. The application currently has a number of shortcomings in respect of highway matters. In summary there are a number of significant outstanding matters and Members will be updated orally at the meeting. RECOMMENDATION: Committee will be updated orally. SHERINGHAM - 20080550 - Erection of dwelling and erection of garage and new vehicular access to serve 23 Holt Road; The Studio 23 Holt Road for Mr and Mrs Graham-Cameron MINOR DEVELOPMENT - Target Date :28 May 2008 Case Officer :Miss J Medler (Outline Planning Permission) CONSTRAINTS Residential RELEVANT PLANNING HISTORY 20080163 - (Outline Planning Permission) - Erection of dwelling and erection of garage to serve 23 Holt Road Withdrawn, 02 Apr 2008 THE APPLICATION Seeks the erection of a dwelling and garage and new vehicular access to serve 23 Holt Road. All matters apart from access are reserved at this stage. REASONS FOR REFERRAL TO COMMITTEE At the request of Councillor Nelson having regard to the following planning issues: 1. Impact on highway safety. 2. Impact on the established form and character of the area. TOWN COUNCIL No objection. REPRESENTATIONS Four letters of objection have been received from local residents raising the following points:1. Infill dwellings would destroy the character of Uplands Park. 2. Would create a precedent. 3. Highway safety. 4. Increase in traffic. 5. Overdevelopment. 6. Loss of light. 50 7. Overshadowing. 8. Loss of privacy. 9. Overlooking. 10. Impact upon trees. CONSULTATIONS County Council (Highways) - No objection, subject to the imposition of conditions, including appropriate access construction for the first 4.5m into the site as measured back from the near edge of the adjacent carriageway, laying out and retention of on site parking for both existing and proposed dwellings. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 6: Residential Areas (areas primarily for residential purposes). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 147: New Accesses (developments which would endanger highway safety not permitted). Policy 153: Car Parking Standards (specifies parking requirements for different use classes within different Local Plan policy areas). 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 3: Housing (strategic approach to housing issues). 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 6: Sustainable construction and energy efficiency (specifies sustainability and energy efficiency requirements for new developments). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUES FOR CONSIDERATION 1. Acceptability of development in residential policy area. 2. Impact on neighbouring dwellings. 3. Highway safety. APPRAISAL This application follows the withdrawal of planning application reference 20080163 seeking the erection of a dwelling and a garage to serve 23 Holt Road, following concerns over the size of the proposed plot which was not considered to be of an adequate size to accommodate satisfactorily a dwelling and associated parking, 51 turning and garden area without detriment to the privacy and amenities of the neighbouring properties and appearance of the area. The site measures approximately 23m by 26m. The applicants' own property is located to the west. There is a two-storey dwelling to the east, and a chalet style property to the north whose rear garden is adjacent to the application site. The site is located within the residential policy area of Sheringham where residential development is considered to be acceptable in principle providing it accords with other relevant policies in the Local Plan. The current application involves a plot of increased width from approximately 16.5m to approximately 23m. It is considered that this would be sufficient to allow an appropriately designed dwelling and associated parking, turning and garden area to be satisfactorily accommodated on the site without significant detriment to the privacy and amenities of the surrounding neighbouring dwellings or to the appearance of the area. The position of the dwelling shown on the submitted plan is indicative only and upon the submission of a reserved matters application, further consideration would need to be given regarding the layout, scale and appearance of the proposed dwelling. The Highway Authority has raised no objection to the proposed new access to serve 23 Holt Road, subject to appropriate conditions. It is considered that a garage in the position shown to serve 23 Holt Road would be acceptable. It is therefore considered that the proposal is acceptable and accords with Local Plan policy. RECOMMENDATION:- APPROVE, SUBJECT TO THE FOLLOWING CONDITIONS:2) These reserved matters shall relate to the appearance, landscaping, layout and scale of the proposed development including the garage for No.23 Holt Road and this condition shall apply notwithstanding any indication as to these matters which have been given in the current application. 3) Prior to the commencement of the dwelling hereby permitted the new vehicular access serving 23 Holt Road shall be constructed in accordance with the Norfolk County Council residential access construction specification for the first 4.5m into the site as measured back from the near edge of the adjacent carriageway. 4) Prior to the commencement of the dwelling hereby permitted the proposed on site parking area for 23 Holt Road shall be laid out, demarcated, levelled and surfaced in accordance with the approved plan. It shall be retained thereafter for that specific use. 5) Prior to the first occupation of the development hereby permitted the proposed onsite parking area shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan. It shall be retained thereafter for those specific uses. REASONS:2) The application is submitted in outline form only and the details required are pursuant to the provisions of Article 3(1) to the Town and Country Planning (General Development Procedure) Order 1995 and the Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2006. 3) To ensure satisfactory access into the site, in accordance with Policy 147 of the adopted North Norfolk Local Plan. 52 4) To ensure the permanent availability of the parking and manoeuvring area, in the interests of highway safety, and in accordance with Policy 147 of the adopted North Norfolk Local Plan. 5) To ensure the permanent availability of the parking and manoeuvring area, in the interests of highway safety, and in accordance with Policy 147 of the adopted North Norfolk Local Plan. UPPER SHERINGHAM - 20080473 - Erection of two-storey linked dwelling and single-storey rear extensions (including to existing dwelling); 3 Blowlands Lane for Mr and Mrs A Smith and Mr I Ash MINOR DEVELOPMENT - Target Date :20 May 2008 Case Officer :Mr M Gannon (Full Planning Permission) CONSTRAINTS Area of Outstanding Natural Beauty Residential Selected Small Village RELEVANT PLANNING HISTORY 20031067 - (Full Planning Permission) - Demolition of garage and erection of twostorey dwelling Approved, 17 Sep 2003 THE APPLICATION Erection of two-storey dwelling to side of semi-detached house and single-storey extension to rear of existing house linking with new dwelling. Externally the development would be finished in a mix of red brick, painted render and red clay pantile to match the existing house. The proposals envisage the provision of two parking spaces for the existing and proposed dwellings in the respective front gardens. REASON FOR REFERRAL TO COMMITTEE Deferred at a previous meeting of the Committee. PARISH COUNCIL Object. The proposed development would be grossly out of character with the surrounding ex-local authority and Council owned properties and is an overdevelopment of this small site. The Council felt that the making of a closed terrace was not in keeping with the area and detracted from the preservation area which closely borders this development. CONSULTATIONS Sheringham Town Council - Objection on the grounds of overdevelopment of the site and out of keeping with surrounding properties. County Council (Highways) - I understand that planning permission was granted previously by your Authority contrary to the advice from the Highway Authority; consequently as this proposal is for the same layout I can confirm that I have no comments to make on this planning application. Environmental Health - Append standard note regarding the possibility that the site could be contaminated due to its history. 53 HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 4: Selected Small Villages (small-scale residential development should enhance character) (development should be compatible with character). Policy 6: Residential Areas (areas primarily for residential purposes). Policy 13: Design and Setting of Development (specifies design principles required for new development). 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 EN 1: Norfolk Coast Area of Outstanding Natural Beauty and The Broads (prevents developments which would be significantly detrimental to the areas and their setting). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 6: Sustainable construction and energy efficiency (specifies sustainability and energy efficiency requirements for new developments). Policy CT 5: The transport impact of new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). MAIN ISSUES FOR CONSIDERATION 1. Visual impact in Area of Outstanding Natural Beauty. 2. Highway safety. APPRAISAL This application was deferred at the last meeting to enable Members to visit the site. The site lies within the Selected Small Village boundary on land designated as residential in the Local Plan. Accordingly the erection of a dwelling is acceptable under current policy subject to enhancement of the form and character of the village. Furthermore the site benefits from a current planning permission for the erection of a dwelling (application reference 20031067) which remains capable of implementation. The current proposals differ from the approved scheme in two respects. Firstly, a first floor is now proposed above the approved single-storey projection at the rear providing a third bedroom for the new dwelling. Secondly, a single-storey element is now proposed linking the existing and proposed properties at the rear. This would provide a small study/bedroom for the proposed dwelling and a new kitchen/dining room for the existing dwelling. Although linked at the rear the proposed dwelling would still appear detached from the street owing to the retention of the metre gap as previously approved between the main buildings. 54 Notwithstanding the increased volume of the development relative to the approved scheme, the garden depth would remain unchanged. At 10.5m this still complies with the relevant basic amenity criterion in the Design Guide. The impact of the current proposals within the wider area would be little different from the approved scheme. It is not considered that there would be any harm to the appearance of the Area of Outstanding Natural Beauty given the infill nature of the development within an established developed frontage. Parking arrangements would be identical to those permitted under 20031067. The proposal would not conflict with Development Plan policy and is recommended for approval. RECOMMENDATION:Approve subject to the imposition of appropriate conditions. UPPER SHERINGHAM - 20080492 - Erection of detached two-storey dwelling; land at The Green The Street for John Ashton's Children's Settlement MINOR DEVELOPMENT - Target Date :22 May 2008 Case Officer :Mr G Lyon (Full Planning Permission) CONSTRAINTS Area of Outstanding Natural Beauty Archaeological Site Residential Selected Small Village Conservation Area RELEVANT PLANNING HISTORY 20030593 - (Full Planning Permission) - Erection of two-storey extension and conservatory Refused, 12 May 2003 20030974 - (Full Planning Permission) - Erection of two-storey extension and conservatory Approved, 20 Nov 2003 20051834 - (Full Planning Permission) - Conversion of public house to two dwellings and erection of detached two-storey dwelling Refused, 11 Apr 2006 20071615 - (Full Planning Permission) - Conversion of former public house to two dwellings, demolition of outbuildings and erection of two-storey dwelling Undetermined THE APPLICATION Erection of a detached two-storey two bedroom property to the rear of the former Red Lion public house. The dwelling would be 6.7m wide with a maximum depth of 6.2m. The dwelling would have a height to eaves of 4.5m and a height to ridge of 6.7m. Entrance to the detached property would be on the eastern side with a rear amenity area to the west surrounded by a new 1.25m high brick and flint wall. REASON FOR REFERRAL TO COMMITTEE 55 Deferred at a previous meeting of the Committee. PARISH COUNCIL No objection subject to completion of a Section 106 Agreement. REPRESENTATIONS See applicant's Design and Access Statement at Appendix 7 Letter on behalf of applicants in response to Committee’s request attached as Appendix 8 CONSULTATIONS Conservation, Design and Landscape Manager (Conservation and Design) - No objection subject to imposition of appropriate conditions. County Council (Highways) - Object until suitable place received in respect of location of proposed parking. Norfolk Landscape Archaeology - Request condition in respect of a programme of archaeological work. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 6: Residential Areas (areas primarily for residential purposes). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 42: Development in Conservation Areas (developments should preserve or enhance character). Policy 87: Country Pubs (only allows change of use to other purposes if there is another public house nearby or retention is proven to be unviable). Policy 153: Car Parking Standards (specifies parking requirements for different use classes within different Local Plan policy areas). North Norfolk Core Strategy (Submission Document): Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). Policy EN 1: Norfolk Coast Area of Outstanding Natural Beauty and The Broads (prevents developments which would be significantly detrimental to the areas and their setting). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 6: Sustainable construction and energy efficiency (specifies sustainability and energy efficiency requirements for new developments). 56 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 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUES FOR CONSIDERATION 1. Principle of development/compliance with Local Plan Policy 87 - Country Pubs. 2. Impact on the character and appearance of the Conservation Area. 3. Impact on the Norfolk Coast Area of Outstanding Natural Beauty. 4. Residential amenity. 5. Highway safety. APPRAISAL The application was deferred at the meeting on 24 April 2008 to ask the applicants to reconsider their decision not to enter into a Section 106 Agreement. Given that the site of the proposed detached dwelling lies within the development boundary of Upper Sheringham, the principle of residential development is acceptable subject to enhancement of the character of the village. Upper Sheringham lies entirely within the Area of Outstanding Natural Beauty (AONB) within which the prime planning consideration is the conservation and enhancement of the beauty of the area. Given the fact that the proposal would be viewed against the backdrop of existing development, it is not considered that the proposal would have a significantly detrimental impact on the AONB. Subject to conditions relating to finish and detailing, the proposals are considered to comply with the requirements of Local Plan Policy 42, in preserving the appearance of the Conservation Area. Members will recall that an earlier application on this site, including conversion of the former Red Lion to two dwellings, was considered by Committee on 31 January 2008 when it was resolved to approve the application subject to appropriate conditions and subject to a Section 106 Agreement to:1. Ensure that no works are commenced on the conversion of the public house to two dwellings until a contract for Usher's Barn is let. 2. To prevent occupation of the detached dwelling at the rear until a contract for Usher's Barn is let. 3. To prevent occupation of the two units in the former public house until the works to Usher's Barn have been substantially completed in accordance with planning permission 20070735 and the replacement public house and ancillary development is in operation. The current application is for the same detached dwelling which formed part of that application. Therefore it has already been agreed by Committee that the siting, design, external appearance and relationship with adjacent development are acceptable. The application would enable the plot to be developed independently of the conversion of the public house. The Section 106 Agreement was required because it was considered that, in the worst case scenario and without proper safeguards, Upper Sheringham could be left without a public house. The applicants have planning permission to convert nearby Usher's Barn in the village to a public house. 57 It is considered that, subject to no objections from outstanding consultees, the imposition of appropriate conditions, the proposed detached dwelling would comply with adopted Local Plan Policies. Further advice will be given orally to the Committee concerning the Section 106 Agreement in the light of the agent’s letter. RECOMMENDATION:Delegated authority to the Head of Planning and Building Control to approve, subject to no objections from County Council (Highways) following a receipt of suitably amended plan and subject to further consideration of the issue concerning a possible Section 106 Agreement to prevent occupation of the detached dwelling at the rear until a contract for Usher's Barn has been let and subject to the imposition of appropriate conditions. WELLS-NEXT-THE-SEA - 20080467 - Alterations to barn and removal of condition 2 of planning permission 20021709 to enable full residential occupancy; The Merchant House 48 High Street for Ms S Keynejad MINOR DEVELOPMENT - Target Date :20 May 2008 Case Officer :Mr M Gannon (Full Planning Permission) See also 20080468 below. CONSTRAINTS Residential Conservation Area Listed Building Grade II RELEVANT PLANNING HISTORY 19931158 - (Full Planning Permission) - Modification of outbuilding and incorporation into the original residence via a conservatory/footway to form additional living accommodation Approved, 10 Jan 1994 20021709 - (Full Planning Permission) - Change of use of annexe to holiday unit Approved, 24 Jan 2003 20071360 - (Full Planning Permission) - Alterations to barn and removal of condition 2 of planning permission 20021709 to enable full residential occupancy Refused, 29 Oct 2007 THE APPLICATION Part demolition and conversion of detached two-storey holiday unit to two-bed permanent dwelling. One off-street parking space is to be provided for existing and proposed dwellings with a parking and turning area between the two buildings served from the existing vehicular access from High Street. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Trett having regard to the following planning issues: 1. Appropriateness of use of building in residential area. 2. Impact on appearance of locality. TOWN COUNCIL 58 No objection/no comment. REPRESENTATIONS 2 letters from the owners of adjoining and nearby properties (summarised):1. Current use generates noise from slamming of car doors and engine revving. Problems do not arise when only one car is parked on the premises. 2. Vehicular access is very tight. Damage to the neighbouring property has occurred in the past due to careless driving. 3. Concerned that damage may occur to the shared underground drainage system beneath the driveway/parking area. CONSULTATIONS Conservation, Design and Landscape Manager (Conservation and Design) - These proposals address issues raised in the refusal of an earlier application. The application was refused on the grounds of insufficient amenity space and lack of privacy. The barn to the rear is listed by virtue of being within the curtilage of the main listed building and clearly had a subordinate function to the main building. Listed Building consent was granted at this time for demolition of part of the brick and flint barn in order to provide some amenity space devoted to the barn. From a Conservation and Design point of view it was disappointing to see loss of fabric and original character of a historic building for the sake of amenity space, but on balance it was considered that the proposals had little detrimental effect on the main listed property or the character and appearance of the Conservation Area. This revised application attempts to address the issues of lack of amenity space and privacy. One of the ways this is achieved is to propose demolition of even more of the historic fabric of the barn. 25% of the northern end of the barn is to be removed in order to increase the private external space given over to this dwelling. In conservation terms the principle of loss of so much of a historic building at the expense of creating amenity space cannot now be supported even if removal of a lesser degree of the historic fabric was reluctantly given previous approval. Other inclusions in this application are a 1.8m high brick wall and lower set of railings dividing the amenity space of the two dwellings. This will unfortunately further divide the already cramped original courtyard between the two dwellings and cast shadow onto the amenity space to the east of the barn. Parking will be addressed by Highways but from a Conservation perspective the enclosed limited space for parking between two listed buildings is not satisfactory and has a negative effect on the street scene of the Conservation Area. If the only way of achieving the necessary amenity space for two separate dwellings is to demolish even more historic fabric in order to reduce the size of the barn and further subdivide the courtyard, it would indicate that this proposal is not suitable for the limited size of the site and for these reasons this application is recommended for refusal. County Council (Highways) - No objection in the light of the previous planning permission for holiday use. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. It is considered that refusal of this application as recommended may have an impact on the individual Human Rights of the applicant and an individual who has objected. However, having considered the likely impact and the general interest of the public, 59 refusal of the application for the reasons recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 6: Residential Areas (areas primarily for residential purposes). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 36: Change of Use of Listed Buildings (acceptable where existing uses cannot secure buildings survival and where special character will be safeguarded). Policy 37: Alterations and Extensions to Listed Buildings (prevents proposals which would be detrimental to character). Policy 42: Development in Conservation Areas (developments should preserve or enhance character). North Norfolk Core Strategy (Submission Document): 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. Appropriateness of use for existing building. 2. Relationship between existing and proposed dwellings and the standard of amenity to be provided for each. 3. Impact upon appearance and character of Conservation Area and listed building. APPRAISAL The site lies within a residential area as designated in the Local Plan. It also lies within the designated Conservation Area. The Merchant House is a Grade II listed building and the outbuilding subject of this application is listed by reason of its association with the principal building. Planning permission was granted in January 2003 for the change of use of this building from ancillary residential accommodation to a holiday unit. A planning application last year seeking permission to lift the holiday occupancy restriction and enable permanent residential use was refused for reasons relating to the lack of adequate amenity space for existing and proposed dwellings and the lack of privacy resulting from the close proximity of the two buildings (20071360). The parking arrangement is as previously approved when permission was given for the holiday unit. The current proposals have been designed to address the previous refusal. In order to increase the garden space it is now proposed to demolish approximately 25% of the existing outbuilding. A high boundary wall is now proposed between the two parking spaces and further planting is proposed to restrict the view between facing windows. However, these modifications would not fully resolve previous concerns. The proposals envisage a distance of 10m between the primary windows in the east facing wall of the proposed dwelling and a secondary window in the facing wall of the existing house. Although this falls 8m short of the relevant Local Plan basic amenity criterion it is accepted that the proposed boundary wall would reduce the likelihood for overlooking and loss of privacy. However, neither the existing nor the proposed dwelling would benefit from a 10m rear garden. Even with the extent of demolition now proposed the 60 new dwelling would benefit from a garden measuring only 6m x 6.5m. The existing house would be left with a smaller area (discounting that part of the curtilage to be taken up by the parking space). Whilst this sub-standard arrangement might be reasonably expected to meet the needs of a dwelling and holiday unit it is still not considered that the space available is sufficient to meet the reasonable needs of the occupiers of two permanent dwellings. Members will also note the Conservation, Design and Landscape Manager's objection to the substantial degree of demolition now proposed. The proposal is therefore contrary to adopted Development Plan policies. RECOMMENDATION:- REFUSE, FOR THE FOLLOWING REASONS:1) The District Council adopted the North Norfolk Local Plan on 2 April 1998 for all planning purposes. The following saved policies as listed in the Direction issued by Government Office for the East of England on 14 September 2007 are considered relevant to the proposed development: Policy 13: Design and Setting of Development Policy 36: Change of Use of Listed Buildings Policy 37: Alterations and Extensions to Listed Buildings Policy 42: Development in Conservation Areas The proposed development conflicts with the objectives of the above policies in that the site is of insufficient size to provide adequate useable private amenity space for the reasonable needs of the occupiers of both the proposed and existing dwellings. Furthermore the proposed partial demolition of the holiday unit to create a garden area for the proposed dwelling would detract from the character of the building itself and the appearance and character of this part of the designated Conservation Area. WELLS-NEXT-THE-SEA - 20080468 - Alterations to barn and dwelling to facilitate use as two separate dwellings; The Merchant House 48 High Street for Ms S Keynejad Target Date :20 May 2008 Case Officer :Mr M Gannon (Alteration to Listed Building) See also 20080467 above. CONSTRAINTS Residential Conservation Area Listed Building Grade II RELEVANT PLANNING HISTORY 20071361 - (Alteration to Listed Building) - Demolition of part of barn and dwelling to facilitate use as two separate dwellings Approved, 26 Oct 2007 THE APPLICATION Demolition of northern gable-end wall and approximately 25% of the existing building and the construction of a new chamfered gable-end wall to facilitate conversion of 61 building into a two-bedroom dwelling and the provision of an enlarged garden area and revised parking/turning arrangement. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Trett having regard to the following planning issue: Impact on appearance of locality. TOWN COUNCIL No objection/no comment. CONSULTATIONS Conservation Design and Landscape Manager (Conservation and Design) - These proposals address issues raised in the refusal of an earlier application. The application was refused on the grounds of insufficient amenity space and lack of privacy. The barn to the rear is listed by virtue of being within the curtilage of the main listed building and clearly had a subordinate function to the main building. Listed Building consent was granted at this time for demolition of part of the brick and flint barn in order to provide some amenity space devoted to the barn. From a Conservation and Design point of view it was disappointing to see loss of fabric and original character of a historic building for the sake of amenity space, but on balance it was considered that the proposals had little detrimental effect on the main listed property or the character and appearance of the Conservation Area. This revised application attempts to address the issues of lack of amenity space and privacy. One of the ways this is achieved is to propose demolition of even more of the historic fabric of the barn. 25% of the northern end of the barn is to be removed in order to increase the private external space given over to this dwelling. In conservation terms the principle of loss of so much of a historic building at the expense of creating amenity space cannot now be supported even if removal of a lesser degree of the historic fabric was reluctantly given previous approval. If the only way of achieving the necessary amenity space for two separate dwellings is to demolish even more historic fabric in order to reduce the size of the barn and further subdivide the courtyard, it would indicate that this proposal is not suitable for the limited size of the site and for these reasons this application is recommended for refusal. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. It is considered that refusal of this application as recommended may have an impact on the individual Human Rights of the applicant and an individual who has objected. However, having considered the likely impact and the general interest of the public, refusal of the application for the reasons recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 37: Alterations and Extensions to Listed Buildings (prevents proposals which would be detrimental to character). MAIN ISSUE FOR CONSIDERATION 62 Impact on character of listed building. APPRAISAL This application arises from the refusal last year of planning permission for the conversion of this building into a permanent dwelling. One of the reasons for refusal related to the inadequacy of the proposed garden areas. The current application seeks consent for an amended scheme which would provide a larger garden for the proposed dwelling by demolishing a larger part of the existing building. Listed Building Consent for a lesser degree of demolition and the removal of a single-storey projection at the rear of the main house was granted under application 20071361. The Conservation, Design and Landscape Manager is now recommending refusal on the grounds that too much of the historic building (listed through its association with the main building) would be lost with no real justification and to the detriment of its character. RECOMMENDATION:- REFUSE, FOR THE FOLLOWING REASONS:1) The District Council adopted the North Norfolk Local Plan on 2 April 1998 for all planning purposes. The following saved policies as listed in the Direction issued by Government Office for the East of England on 14 September 2007 are considered relevant to the proposed development: Policy 37: Alterations and Extensions to Listed Buildings The proposal would result in the loss of a significant section of an interesting curtilage building to the detriment of its character contrary to the objectives of the above policy. APPLICATIONS APPROVED UNDER DELEGATED POWERS BEESTON REGIS - 20080613 - Increase ridge height and installation of dormer window to provide habitable accommodation in roofspace; Heath Cottage Roman Camp West Runton for Mr C Clark (Full Planning Permission) BINHAM - 20080672 - Installation of telecommunications antenna; Arqiva Transmitting Station Old Airfield The Street Cockthorpe for Arqiva (Full Planning Permission) BLAKENEY - 20080529 - Erection of rear dormer extension; 34 Morston Road for Mrs J Prior (Full Planning Permission) BLAKENEY - 20080580 - Erection of raised roof to garage (amendment to previous permission reference 20071860); 22 Kingsway for Mr N E Buckingham (Full Planning Permission) BLAKENEY - 20080621 - Erection of garage/store; Old Barn Ruberry Hill Saxlingham Road for Mr and Mrs Ellingham (Full Planning Permission) BRININGHAM - 20080569 - Erection of single-storey front extension; 2 Mill Lane for Mr P Edwards 63 (Full Planning Permission) CLEY-NEXT-THE-SEA - 20080545 - Conversion of stables to artist's studio; The Shieling Holt Road for Ms S Whittley and Ms R Lockwood (Full Planning Permission) CLEY-NEXT-THE-SEA - 20080591 - Alterations to cart shed to provide additional habitable accommodation; The Old Stable Old Hall Farm Barns Coast Road for Mr and Mrs P O'Hare (Full Planning Permission) CLEY-NEXT-THE-SEA - 20080640 - Installation of replacement split-level patio; 3 Old Hall Farm Barns Coast Road for Mr and Mrs Scott (Alteration to Listed Building) CLEY-NEXT-THE-SEA - 20080658 - Erection of front porch; Hole Cottage Coast Road for Mr and Mrs Browne (Full Planning Permission) CORPUSTY - 20080491 - Conversion of barn to one unit of holiday accommodation; Hill Farm Briston Road Saxthorpe for Mr J W Perry-Warnes (Full Planning Permission) CORPUSTY - 20080518 - Erection of single-storey side extension, rear verandah and detached outbuilding; 29 Irmingland Road for Mr and Mrs Askham (Full Planning Permission) EAST AND WEST BECKHAM - 20080538 - Erection of two-storey side extension and front porch; 2 Hall Farm Cottages Church Road West Beckham for Mr and Mrs Demarais (Full Planning Permission) EDGEFIELD - 20080599 - Erection of single-storey rear extensions; The Three Pigs Norwich Road for Mr I Wilson (Full Planning Permission) FAKENHAM - 20080464 - Erection of conservatory; 4 Elizabeth Avenue for Mr and Mrs Webster (Full Planning Permission) FAKENHAM - 20080527 - Construction of three dormer windows to facilitate conversion of roofspace to habitable accommodation; 6b Swan Street for Mr M Axten (Full Planning Permission) FAKENHAM - 20080559 - Variation of condition 5 of planning permission 20070836 to allow revised parking arrangements; 3 Barons Close for Mr D Grocott and Mr J Murfit (Full Planning Permission) FAKENHAM - 20080612 - Erection of first floor extension; 21 Gwyn Crescent for Mr S Clare (Full Planning Permission) 64 FAKENHAM - 20080630 - Change of use from B1 (offices) to beauty salon; Stable Studios Oxborough Lane for W J Aldiss Limited (Full Planning Permission) FULMODESTON - 20080505 - Conversion and extension of outbuilding to provide ancillary accommodation and erection of walls to enclose swimming pool; Wood Farm The Street Barney for Mr D T H Astley (Full Planning Permission) HIGH KELLING - 20080620 - Alterations to front elevation of garage to facilitate conversion to habitable accommodation; Flintstones Warren Farm Barns Warren Road for Mr and Mrs L Harris (Full Planning Permission) HIGH KELLING - 20080646 - Erection of storage building; Holt Rugby Football Club Bridge Road for Holt Rugby Football Club (Full Planning Permission) HINDRINGHAM - 20080611 - Alterations to outbuilding to provide garden room/study; 75 and 77 The Street for Mr and Mrs A Jones (Alteration to Listed Building) HOLT - 20080600 - Erection of single-storey extension to kitchen store; 2 Byfords Court Shirehall Plain for Mr I Wilson (Full Planning Permission) HOLT - 20080622 - Erection of two-storey side extension; 68 Hempstead Road for Mr and Mrs Clare (Full Planning Permission) KELLING - 20080568 - Removal of conservatory and erection of single-storey extension; The Old Rectory Holt Road for Mr and Mrs J Player (Full Planning Permission) LETHERINGSETT - 20080652 - Erection of dormer extension; The Old Stables Thornage Road for Mrs B Wallace (Full Planning Permission) LITTLE BARNINGHAM - 20080547 - Erection of first floor/two-storey side extension and replacement single-storey rear extension; 1 Chapel Yard The Street for Mr and Mrs C Graham (Full Planning Permission) LITTLE SNORING - 20080590 - Erection of single-storey rear extension; 16 Manor Close for Mrs S Salmon (Full Planning Permission) PLUMSTEAD - 20080475 - Conversion of agricultural building to one unit of holiday accommodation; Green Farm The Green for Mr R Keasley (Full Planning Permission) RYBURGH - 20080495 - Erection of garages; land rear of Crown House Fakenham Road Great Ryburgh for Reynolds Building Contractor (Full Planning Permission) 65 RYBURGH - 20080645 - Erection of single-storey rear extensions; 1 and 2 Westwood Cottages Westwood Lane Great Ryburgh for Mr T R E Cook (Full Planning Permission) SHERINGHAM - 20071897 - Erection of three flats and car ports; 15 South Street for Mr and Mrs A Stevens (Full Planning Permission) SHERINGHAM - 20080541 - Erection of double garage; 6 Morris Street for Mr J R Leatherland (Full Planning Permission) SHERINGHAM - 20080542 - Installation of two roof windows to west elevation; plots 4 and 5, 20 Cromer Road for F W Smith Builders Limited (Full Planning Permission) SHERINGHAM - 20080572 - Erection of replacement conservatory; Roselawn 12 St Nicholas Place for Mr Austin (Full Planning Permission) SHERINGHAM - 20080627 - Erection of first floor extension; 29 Cromer Road for Mr K Welch (Full Planning Permission) SHERINGHAM - 20080632 - Erection of rear conservatory; 2 James Close for Mrs Patterson (Full Planning Permission) SHERINGHAM - 20080659 - Extension of look-out space into existing porch area; Lifeguard Station The Promenade for Royal National Lifeboat Institution (Full Planning Permission) SHERINGHAM - 20080279 - Erection of single-storey accommodation in roofspace; 4 Abbey Road for Mr M Roberts (Full Planning Permission) dwelling with SHERINGHAM - 20080465 - Installation of 15m wind turbine; Sheringham High School and 6th Form Centre Holt Road for Sheringham High School and 6th Form Centre (Full Planning Permission) STODY - 20080471 - Erection of front boundary wall and gates and timber deck; Poplar Cottage The Green Hunworth for Mr and Mrs Waites (Full Planning Permission) SUSTEAD - 20071515 - Siting of mobile home for agricultural purposes; Manor House Farm New Road Bessingham for Mr I Clarke (Full Planning Permission) SUSTEAD - 20080451 - Alterations and refurbishment, including installation of replacment window and sky light; 3 Hall Farm Cottages Cromer Road Metton for The National Trust (Alteration to Listed Building) 66 SUSTEAD - 20080457 - Continued use of site as builder's store and erection of two-storey extension; Waterworks Cromer Road Metton for R J Bacon Builders (Full Planning Permission) SUSTEAD - 20080546 - Erection of two-storey extension; Forge Cottage The Street for Mr and Mrs D Burton-Pye (Full Planning Permission) SUSTEAD - 20080670 - Siting of LPG storage tank; 3 Hall Farm Cottages Cromer Road Metton for The National Trust (Full Planning Permission) UPPER SHERINGHAM - 20080574 - Revised access; Blowlands Sheringham Road for Mr A Buckingham (Full Planning Permission) UPPER SHERINGHAM - 20080575 - Erection of garage; Blowlands Sheringham Road for Mr A Buckingham (Full Planning Permission) WARHAM - 20080597 - Internal alterations and refurbishment (including new windows and door); Little Turners The Street for Mr and Mrs M Foulds (Alteration to Listed Building) WELLS-NEXT-THE-SEA - 20071771 - Erection of pavilion to provide smoking facility; War Memorial Institute Theatre Road for Wells War Memorial Club (Full Planning Permission) WEYBOURNE - 20071911 - Erection of garage with room above; Abbey Farmhouse The Street for Mr W Smith (Full Planning Permission) WEYBOURNE - 20080570 - Removal of conservatory and erection of singlestorey rear extension; Wellsway Holt Road for Mr and Mrs S Payne (Full Planning Permission) WIGHTON - 20080616 - Erection of first floor extensions; Water Hall Mill Lane for Mr and Mrs B Hopkins (Full Planning Permission) APPLICATIONS REFUSED UNDER DELEGATED POWERS EDGEFIELD - 20080626 - Erection of two-storey dwelling and garage; Vine Cottage The Green for Mr J Goldney (Full Planning Permission) HEMPSTEAD - 20080618 - Erection of first floor extension; Westward Ho The Street for Mr and Mrs P Sanders (Full Planning Permission) HIGH KELLING - 20080571 - Erection of single-storey dwelling; Cherry Garth Cromer Road for Mr P M Plummer (Outline Planning Permission) 67 STIFFKEY - 20071107 - Construction of first floor doorway and external staircase; Red Lion 44 Wells Road for Stiffkey Red Lion Limited (Full Planning Permission) STIFFKEY - 20080481 - Erection of two-storey dwelling; land opposite Stiffkey Lamp Shop Wells Road for Mr M K Belsten and Mr D L Mann (Full Planning Permission) WELLS-NEXT-THE-SEA - 20061288 - Erection of first floor rear extension and conversion of roofspace to two residential units; Premises rear of The Old Mill Maryland for Mr and Mrs Ward (Full Planning Permission) WOOD NORTON - 20071379 - Erection of single-storey dwelling; The Old Fire Station Foulsham Airfield Foulsham Road for Thomas and Money Haulage (Full Planning Permission) APPEALS SECTION NEW APPEALS BRISTON - 20071468 - Retention of storage shed; Emery Wood Craymere Road for Ms P Rowan INFORMAL HEARING WELLS-NEXT-THE-SEA - 20071932 - Erection of two-storey dwelling; site rear of 18 Church Street for Mr J Starns WRITTEN REPRESENTATIONS PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS BODHAM - 01/013/DEV6/06/001 - Change of use of agricultural land for the siting of caravans for residential purposes.; land off Hart Lane for Mr R Drake INFORMAL HEARING 12 Aug 2008 CLEY-NEXT-THE-SEA - 01/019/DEV6/07/004 - Breach of condition 2 of planning permission 20061041 for extension to summerhouse; Umgeni Coast Road for Lady Rathcavan PUBLIC INQUIRY CLEY-NEXT-THE-SEA - 20070922 - Demolition of summerhouse and erection of annexe; Umgeni Coast Road for Lady Rathcavan PUBLIC INQUIRY 05 Aug 2008 HOLKHAM - 20071596 - Conversion of farm office to residential accommodation for estate worker; Farm Office Longlands for Holkham Estate INFORMAL HEARING 19 Aug 2008 SHERINGHAM (NORTH WARD) - 20030991 - Demolition of buildings, including dwellings, and erection of A1 retail foodstore with associated access, car parking, servicing and landscaping; land at Cromer Road for Tesco Stores Limited 68 PUBLIC INQUIRY 01 Jul 2008 SHERINGHAM (NORTH WARD) - 20070217 - Demolition of buildings, including dwellings, and erection of A1 retail foodstore with associated access, car parking and servicing and provision of footpath link to Station Road; land at Cromer Road for Tesco Stores Limited PUBLIC INQUIRY 01 Jul 2008 WRITTEN REPRESENTATIONS APPEALS - PROGRESS BODHAM - 20080036 - Continued display of direction signs; Entrance to Gypsies Lane, off Cromer Road for Crayford & Abbs Ltd BRINTON - 20071113 - Erection of first floor extension and attached garage; Grove House Holt Road for Mr and Mrs Taylor BRINTON - 20071572 - Alterations to first floor extension (lowering of parapet); Grove House Holt Road for Mr and Mrs Taylor BRISTON - 20071304 - Erection of dwelling; New Hall Farm Mill Road for Mrs N Smith SITE VISIT :- 09 Jun 2008 FAKENHAM (NORTH WARD) - 20071369 - Erection of single-storey rear extension; Field View Residential Home 43 Hayes Lane for Imperial Care Homes FAKENHAM (SOUTH WARD) - 20070673 - Erection of three two-storey dwellings; 24 Holt Road for Mr J Doughty SITE VISIT :- 09 Jun 2008 HIGH KELLING - 20070983 - Erection of single-storey dwelling; Cherry Garth Cromer Road for Mr P M Plummer RAYNHAM - 20071725 - Demolition of single-storey extension and erection of two-storey rear extension; 5 The Drove for Mr D Elfleet WOOD NORTON - 20071441 - Use of land for siting 5 touring caravans and erection of single-storey warden's dwelling; Four Acre Farm Holt Road for Mr and Mrs LJ Palmer APPEAL DECISIONS HINDOLVESTON - 20070789 - Erection of two-storey dwelling and garage; Homely Acre 61 The Street for Mr and Mrs D Self APPEAL DECISION :- DISMISSED 69