OFFICERS’ REPORTS TO DEVELOPMENT CONTROL COMMITTEE (WEST) – 27 MARCH 2008 Each report for decision on this Agenda shows the Officer responsible, the recommendation of the Head of Planning and Building Control and in the case of private business the paragraph(s) of Schedule 12A to the Local Government Act 1972 under which it is considered exempt. None of the reports have financial, legal or policy implications save where indicated. PUBLIC BUSINESS - ITEM FOR DECISION 1. LANGHAM – 20060770 - Conversion and extension of buildings to provide hotel and village shop and erection of twenty-three holiday cottages; Former Glass Factory North Street for Avada Country Homes The Committee is asked to give further consideration to this application in the light of representations received and further advice from the Council’s appointed consultants. Background At the meeting of Development Control Committee (West) on 16 August 2007 it was resolved that the Head Of Planning and Building Control be authorised to approve the application for conversion and extension of buildings to provide 30-bed hotel and village shop and erection of twenty-three holiday cottages at the Former Glass Factory, North Street, Langham. This delegated approval was subject to:• completion of a Section 106 Agreement to include tying together of the freehold of the cottages with the hotel, a phasing agreement, agreement on the number of letting days, and to include if necessary highway improvements to include vehicle activated signs, a 20 mph speed limit along North Street and a travel plan; • the carrying out of an ecological survey; and • the imposition of appropriate conditions to include all windows facing Langham Hall to be obscure-glazed and fixed, a requirement to undertake an archaeological survey and the removal of permitted development rights. Copies of the Committee Report and Minutes are attached at Appendix 1. Subsequent to the decision on 16 August 2007, a request was made under the Freedom of Information Act by Solicitors on behalf of an objector. This request sought a wide range of information about the application and a response was sent in accordance with the requirements of the Act but excluding information which was considered to be commercially sensitive. The objector’s solicitor subsequently requested a copy of the draft Section 106 agreement prepared by the applicant’s solicitor. On 31 October 2007 a letter was received from the objector’s solicitors which highlighted what they considered to be the principal flaws of the proposed S106 agreement. This letter was accompanied by the opinion of Counsel, obtained by their client, copies of which were forwarded to all Members of Development Control Committee (West). Development Control Committee (West) 1 27 March 2008 Both the Solicitors’ letter and Counsel’s opinion dated are attached at Appendix 1 for reference. This advice suggests that the Development Control Committee (West), in exercising its powers as determining authority failed to examine properly the “enabling development” issue in that:1. the viability work and Strutt & Parker’s appraisal of it were wrong in including the actual purchase price in the exercise rather than carrying out a residual valuation approach; 2. the Committee may have proceeded on the approach that the income stream from the cottages was necessary to secure the ongoing viability of the hotel when there was no evidence that this was the case; and 3. perhaps most importantly, the marketing exercise is prime facie inconsistent with the claimed viability issues and the Council’s apparent acceptance that enabling development is required here. Furthermore, it was suggested that it was not clear that the Committee assessed properly the application to build the cottages within its own policy framework, namely treating the cottages as if they were ordinary residential development for the purposes of the Local Plan and affordable housing policies in particular. On the basis of the advice of Counsel and their concerns regarding the S106 agreement, the Solicitors warned that any decision by the Council to grant planning permission for this development would be likely to be subject to a judicial review. Strutt & Parker, who were instructed by the Council to assess the enabling development argument put forward by the applicant, have been asked by the Council to re-consider their appraisal in light of the comments submitted by Mills & Reeve and Counsel advice. Their report has now been received, a copy of which is attached at Appendix 1, Strutt & Parker conclude that:“Notwithstanding the issues raised in Mr Forsdick’s Opinion…….we confirm that the conclusion reached in the Strutt & Parker Report (December 2006) remains valid. We confirm that the level of proposed enabling development is appropriate to provide a sustainable hotel and leisure development and provides a reasonable return to the developer. If the level of enabling development was reduced we believe that this would result in the allowable development costs exceeding the value of the completed development.” Strutt & Parker also state that it should be noted that market conditions have weakened since our original appraisal was prepared in December 2006, which have strengthened the case for enabling development. With regard to the policy context in respect of the proposed holiday cottages, the report presented to the Committee on 4 January 2007 made reference to Policies 4 and 126. The comments of the Planning Policy Manager in that report (see Appendix 1) made it clear that under Policy 126 the holiday units should be treated as unrestricted residential development and should be considered as the erection of houses. The site in question is a village employment area where Policy 10 applies. The holiday cottages would be contrary to that policy. Furthermore, Policy 4 suggests that only small groups of houses in a selected village should be allowed (not more than four dwellings), with any above four to be affordable, as set out in Policy 58. Development Control Committee (West) 2 27 March 2008 On 20 July 2006 determination of the application was deferred, amongst other things, in order to negotiate a contribution towards affordable housing, based on a minimum of seven dwellings under the local lettings scheme. This was rejected by the applicant, as reported to Committee on 7 December 2006 and 4 January 2007. There are clearly significant policy issues in considering this proposal. Members will note, however, that the Planning Policy Manager is of the opinion that the acceptability of the scheme hinges on a clear demonstration that the cottages are an essential part of the proposal in the sense that they are necessary to make the remainder of the scheme viable. If this is the case the cottages could be regarded as “facilitating development”. It is considered that this, together with the creation of the jobs and the provision of a village shop would be sufficient, on balance, to enable the proposal to be recommended for approval. The Council, through the commissioning of the independent report, has sought to confirm the relationship of the holiday cottages with the viability of the remainder of the scheme. It is a question of balance as to whether the likely overall merits of the proposal outweigh the policy conflicts. In respect of the S106 agreement, a revised draft is currently under consideration. The legal agreement cannot be finalised pending consideration of this report by the Development Control Committee (West). Other outstanding matters include the proposed mitigation measures relating to the two submitted ecological reports concerning bats. These have now been received and, subject to the mitigation measures being considered acceptable, relevant conditions will be attached to the decision notice. Summary A number of issues have been raised which call into question the soundness of the decision taken by Development Control Committee (West) on 16 August 2007 to recommend delegated approval of the application. On the basis of the further advice from Strutt & Parker it is considered that the enabling argument is of sufficient weight to override the conflict with adopted policy as amplified above and delegated approval is recommended, subject to the conditions set out below. RECOMMENDATION: Delegated authority to the Head of Planning and Building Control to approve the application subject to the completion of a Section 106 agreement to include tying together the freehold of the cottages with the hotel, a phasing agreement, agreement on the number of letting days, and to include highway improvements to include vehicle activated signs, a 20mph speed limit along North Street and a travel plan and the imposition of appropriate conditions to include protected species mitigation measures, all windows facing Langham Hall to be obscure-glazed and fixed, a requirement to undertake an archaeological survey and the removal of permitted development rights Source: (Geoff Lyon, Extn 6226 – File Reference 20060770) Development Control Committee (West) 3 27 March 2008 PUBLIC BUSINESS – ITEMS FOR DECISION PLANNING APPLICATIONS Note :- Recommendations for approval include a standard time limit condition as Condition No.1, unless otherwise stated. 2. BLAKENEY - 20080118 - Retention of dwelling incorporating revised design details; Lost Plot Coronation Lane for Ms B Ward Jones MINOR DEVELOPMENT - Target Date :19 Mar 2008 Case Officer :Mr G Linder (Full Planning Permission) CONSTRAINTS Area of Outstanding Natural Beauty Residential Selected Small Village Conservation Area RELEVANT PLANNING HISTORY 20060904 - (Full Planning Permission) - Erection of two-storey dwelling Approved, 03 Aug 2006 THE APPLICATION Seeks the retention of a dwelling under construction which incorporates tower, roof, dormer window and fenestrational changes which do not accord with the plans approved under 20060904. REASON FOR REFERRAL TO COMMITTEE The application was deferred at the last meeting of the Committee for a site visit. PARISH COUNCIL Object very strongly to this planning application. Firstly this is a clear breach of the original planning application submission, as there was no glazed area on the original application. As a result of this amendment, where the work has already taken place, this now results in neighbouring properties being overlooked, and their privacy invaded, thus their human rights. The tower was originally to house a wind turbine, which has subsequently been withdrawn, hence we feel that the tower should also have been withdrawn. Objected to this application at the outset, for similar reasons, this being out of character in an Area of Outstanding Natural Beauty. Retrospective planning applications are not the answer, and feel that the enforcement officer should be more proactive in such situations. REPRESENTATIONS Eight letters of objection have been received from local residents which raise the following concerns (summarised):1. The glazed area around the top of the tower is not as approved. 2. Neighbouring properties would be overlooked resulting in a loss of privacy and causing considerable devaluation. 3. The tower has no technical value and was originally proposed as a ventilation tower. 4. The height of the tower is in excess of that originally proposed. 5. The property is totally out of keeping in the area. 6. The size of the dormer has been increased in width. 7. Loss of light to neighbouring property. 8. Adverse impact on value of nearby properties. Development Control Committee (West) 4 27 March 2008 The Design and Access Statement prepared by the applicant's agent, which provides reason for the design changes is attached as Appendix 2. A letter has been received from the applicant's agent which states "that the potential overlooking was examined in detail at the time of the original application in 2006, and that there has been no significant material change since then. Whilst there has been an increase in the width of the glazing to the top landing on the north and south elevations the actual clear area of glazing is reduced due to the size of the framing and the field of vision remains the same as approved, namely 360 degrees. The house is at the lowest point of the site and the second floor landing is approximately 30m away from the bedroom window of Thatched Cottage which is on an elevated site to the south. To obscure the field of view we have looked at timber panels to match the cladding and overlaid over the windows either on the end units or on the inner units, (indicated on a drawing enclosed). Both of these options serve to increase the scale of the building by emphasising the vertical emphasis. The original intention was to create layers of horizontal emphasis to help the house blend into the landscape. Alternatively if the perception of overlooking is the overriding imperative the extra width could be blacked out by using black opaque sheets applied to the glazing, also shown on the enclosed plan). This would perpetuate the "floating" roof and recessive glazing and offer a cleaner more articulated appearance. Any of the above options would effectively reduce visibility to a level significantly below the approved level. It is unfortunate to have reached this position and we apologise for the extra work it has created but we do believe that the changes as built do comply with the spirit of the house approved by Members. 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 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). Development Control Committee (West) 5 27 March 2008 Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 6: Sustainable construction and energy efficiency (specifies sustainability and energy efficiency requirements for new developments). Policy 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 revised design details. 2. Impact on Conservation Area. 3. Impact on neighbouring properties. APPRAISAL The application was deferred at the last site meeting in order to allow the Committee to visit the site. On 3 August 2006 permission was granted for the erection of a two-storey dwelling subject to the retention of the hedgerows on the western and southern boundary of the site at a minimum height of 2m. Following the commencement of the development a letter was received from the neighbour to the north-west concerned that the tower was not being built in accordance with the approved plans and that it was likely to have an adverse impact on the enjoyment of his property due to overlooking. Having visited the site, it was clear that there were discrepancies between the approved plans and what has been built and as such the owner was invited to make a fresh planning application seeking to regularise the situation. As far as the tower is concerned, whilst its height remains unaltered at 7.7m, instead of consisting of two tiers, with the top viewing gallery on the north and south elevations being narrower in width than the main tower, these elevations have been increased in width by 800mm, so that they correspond with the dimensions of the main tower below. The effect is that, when viewed from the north and south, instead of the viewing gallery appearing to be a smaller element the tower has the same dimensions for its full height. In addition, instead of horizontal louvred glazing at the gallery level, each elevation of the tower consists of six individual square panes of glass within a timber frame, which due to the increased width of the gallery to the north and south elevations has also increased the amount of glazing. The other main change is to the form of the main roof where although the pitch and overall height remain unaltered, instead of the eaves being constructed with internal box gutters, which has the effect of narrowing the appearance of the western gable end, the eaves have been lowered by approximately 400mm and the roof allowed to oversail, terminating in an external gutter, thereby giving the impression of a wider gable width. In addition, rather than a plain verge to the gable end, barge boards have been introduced and fascia boards to the eaves which tend to accentuate the gable. Furthermore, fenestrational changes to the western gable end through a reduction in the amount of glazing have resulted in a loss of verticality to the gable. Similarly, due to the changes in the construction of the roof, the dormer window to the southern elevation appears more pronounced, which is accentuated by the three light casement windows. In addition, the horizontal position of the dormer on the roof has altered slightly with it now being 1.5m further to the west. Development Control Committee (West) 6 27 March 2008 The net effect of these changes is that cumulatively it is considered that the design changes are a retrograde step and have diluted the original quality of the scheme. The site lies within the Conservation Area and in such areas where preservation or enhancement of the character or appearance is a policy requirement, high standards of design should be expected. As far as the impact on neighbouring properties is concerned, the property most affected by the alteration, in particular to the tower, is Amber Cottage to the north, where visually the apparent mass of the tower has been increased at high level, which has also resulted in additional high level glazing to this elevation. However, whilst there is an increased perception of being overlooked, the sill level of the windows to the viewing gallery remains as originally approved at 1.5m above floor level and is such that a normal height person when standing on the floor would be unable to look down into any of the surrounding gardens, with all views being confined to rooftops and views of the harbour and marshes. The applicant has put forward a number of alternative proposals for glazing to the tower to overcome the perception of being overlooked. Officers have indicated an alternative proposal, which the applicant is considering. Committee will be updated orally in respect of this matter. Notwithstanding the concerns raised by representations that the proposal had not been constructed in accordance with the approved plans, subject to appropriate amended plans being received, it is considered that the proposal would comply with Development Plan policies. RECOMMENDATION:Delegated authority to approve subject to satisfactory resolution of the glazing to the north and south elevations of the tower and subject to no new grounds of objection if the need for re-advertisement and consultation should arise. 3. CLEY-NEXT-THE-SEA - 20071941 - Erection of two-storey dwelling; Hill Top House Hilltop for Mr W Garfitt MINOR DEVELOPMENT - Target Date :28 Feb 2008 Case Officer :Miss J Medler (Outline Planning Permission) CONSTRAINTS Area of Outstanding Natural Beauty Residential Selected Small Village Conservation Area THE APPLICATION Is for the erection of a two-storey detached dwelling, with only landscaping reserved. Two car parking spaces are provided on the front of the site. The materials proposed are brick, flint and pantiles. Development Control Committee (West) 7 27 March 2008 Amended plans have been received reducing the ridge and eaves height of the dwelling by approximately 0.5m, to some 7.4m. The ridge height of the rear twostorey wing has also been reduced from 7.1m to 6.4m, and the width reduced from 5.4m to 5m. The proposed dwelling covers an area of approximately 12m x 7m, with the rear twostorey wing measuring approximately 2.7m x 5m and the front porch 2.3m x 1.7m. REASON FOR REFERRAL TO COMMITTEE The application was deferred at a previous meeting of the Committee in order for a site visit to be carried out. PARISH COUNCIL Object to the application on the following grounds:1. This proposed development would block the footpath down to the Coast Road which has in recent years been made deliberately less accessible. 2. The proposed development would block a pleasant open site. 3. The proposed cottage seems to be speculative infill, there is already restrictive room for larger vehicles. 4. The proposed development appears to be too large for the plot. 5. There are doubts that the land in question is not actually owned by the applicant but is actually common land and therefore until ownership of the land is proven, the application should not be approved. This was once open land. REPRESENTATIONS Fourteen letters of objection have been received raising the following points:1. Views in and out of the Conservation Area will be impinged upon. 2. Loss of views to neighbouring properties. 3. Overbearing impact of development. 4. Loss of light to neighbouring property. 5. Loss of an open area important in Conservation Area terms. 6. Overdevelopment. 7. Will seriously detract from the appearance of the area and will definitely not enhance it. 8. Contrary to Policies 20 and 42. 9. Fails the "conservation test" in that the proposed development will neither preserve the character or appearance of the Conservation Area nor enhance it. 10. Proposal will set a precedent for further development on Hilltop. 11. At least 3 other properties within the village envelope which have plots large enough for similar development. 12. Highly undesirable to increase still the further amount of traffic using this private road and footpath. 13. Poor visibility at junction with the coast road. 14. Create severe parking problems. 15. Additional housing will exacerbate sewer blockages. 16. Proposal will ruin a community visual amenity, namely the view out to the north. 17. Severely impact on the amenities enjoyed by adjoining properties. 18. Proposed two-storey development is not in context of the surrounding properties on Hilltop. 19. Increase in traffic. 20. Will detract from Area of Outstanding Natural Beauty and Conservation Area. 21. Reduces green space and open skyline between properties. 22. Scale of dwelling. Development Control Committee (West) 8 27 March 2008 An amended plan has been received from the applicant for proposed improvements to the junction where Hilltop meets the A149 Coast Road, to provide additional space for vehicles pulling off the A149, and tarmac surfacing of the first 6m of the access at the junction. CONSULTATIONS Conservation, Design and Landscape Manager (Conservation and Design) Original comments: In terms of form and character, this particular part of Cley is a rather mixed affair supporting a diverse range of property types and ages. Through it all, however, the unmade Hill Top track holds the area together in a characterful lowkey rural way. The site in question is situated half way up the track and very much has the feel of an infill plot. For this reason, Conservation and Design would not wish to object to the principle of the proposed dwelling. With regard to design, the plans envisage a building of fairly standard appearance. With its vernacular pretensions it would take an essentially neutral place within the Conservation Area. As with many similar designs the success of the dwelling would ultimately be down to the quality of the materials and workmanship. Whilst generally mild-mannered architecturally, the dwelling would benefit from two design improvements, namely a) the eaves should be dropped to house the dormers entirely within the tiles, this would overcome the need for a clutter of down pipes and improve the proportions of the slightly heavy looking gables, and b) the rear twostorey wing, which appears squeezed in between the other openings and greatly adds to visual bulk should be slightly reduced in width and height. With these amendments and with good quality materials (to be conditioned) the dwelling should preserve the appearance and character of the Conservation Area. Comments on amended plans: No objection to the reduction in scale. However, if the Committee were in mind to approve the application further discussions would be required with the agent regarding the fenestration including the size of window openings some of which now appear 'squeezed in', and size and position of the dormer windows. County Council (Highways) - The Highway Authority does not consider that Hilltop is acceptable for any further vehicular use whatsoever and recommend that the application be refused on the grounds that the unmade track of Hilltop is unsatisfactory to serve any further development whatsoever due to its substandard visibility and poor junction arrangement with the busy Coast Road (A149), its inadequate width, lack of vehicular turning facilities, poor surfacing and lack of facilities for more vulnerable road users (pedestrians) contrary to Policy 147 of the adopted North Norfolk Local Plan. A copy of the Highway Authority's comments are contained in full in Appendix 3. Comments on amended junction plan: Following a meeting on site with the applicant and considering the applicant's amended plan of proposed junction improvements, the Highway Authority maintains objections to the application as the junction works are outside the land under control of the applicant and in the light of a previous appeal decision regarding lack of access visibility and general unacceptability for further vehicular use. Copies of the Highway Authority's further comments in full and concerning the previous application are attached as Appendix 3. 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. Development Control Committee (West) 9 27 March 2008 It is considered that refusal of this application as recommended may have an impact on the individual Human Rights of the applicant. However, having considered the likely impact and the general interest of the public, refusal of the application is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 4: Selected Small Villages (small-scale residential development should enhance character) (development should be compatible with character). Policy 6: Residential Areas (areas primarily for residential purposes). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 42: Development in Conservation Areas (developments should preserve or enhance character). Policy 147: New Accesses (developments which would endanger highway safety not permitted). North Norfolk Core Strategy (Submission Document): 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). MAIN ISSUES FOR CONSIDERATION 1. Principle of development. 2. Design. 3. Impact on Conservation Area and Area of Outstanding Natural Beauty. 4. Impact on neighbouring dwellings. 5. Highway safety. APPRAISAL This application was deferred at the last meeting in order for the Committee to carry out a site visit. The site is located within the residential policy area of the selected small village of Cley-next-the-Sea where the principle of residential development is acceptable provided that it enhances the character of the village and accords with other relevant policies in the Local Plan. The site forms part of the garden to the property known as Hill Top House. The proposed dwelling would continue the linear form of development along Hilltop where there is a variety of types and styles of dwellings. The Committee will note the comments made by the Conservation, Design and Landscape Manager who has raised no objection to the proposal. The design and materials are considered to be acceptable in this location and subject to further discussions regarding the fenestration and size of window openings it is considered that the proposal would preserve the appearance and character of the Conservation Area. Development Control Committee (West) 10 27 March 2008 Furthermore, due to the site's location within an already developed area it is not considered that the proposal would have a significantly detrimental impact on the Area of Outstanding Natural Beauty. It is considered that the proposed dwelling would comply with the basic amenity criteria, apart from the relationship with the dwelling to the south (Hilltop Cottage). The basic amenity criterion suggests that there should be distance of approximately 21m between primary frontages. Based on the submitted plans the distance would be approximately 15.5m, which is a shortfall of approximately 5.5m. However, due to the form and character of the area, the close proximity of dwellings in this location and the reduction in the overall scale and bulk of the proposed dwelling, it is not considered that this shortfall would have a significant detrimental impact on the privacy or amenities of the occupiers of the neighbouring property to the south. The Committee will note the original and amended comments made by the Highway Authority and the objection to the application in respect of the suitability of Hilltop for further intensification in use and the substandard visibility with the A149 Coast Road. Therefore, whilst it is considered that the design and materials of the proposed dwelling are acceptable and that the proposal would not have a significant detrimental impact on the character of the village or Conservation Area, the proposal is not acceptable in highway safety terms. Therefore the proposal does not accord with Development Plan policy. 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 policy as listed in the Direction issued by Government Office for the East of England of the 14 September 2007 is considered relevant to the proposed development: Policy 147: New Accesses The unmade track, known as Hilltop, is unsatisfactory to serve any further development whatsoever due to its sub-standard visibility and poor junction arrangement with the busy Coast Road (A149), its inadequate width, lack of vehicular turning facilities, poor surfacing and lack of facilities for more vulnerable road users (pedestrians) contrary to Policy 147 of the adopted North Norfolk Local Plan. 4. 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 Development Control Committee (West) 11 27 March 2008 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 Required by the Head of Planning and Building Control in view of the planning complexities posed by the application and previous site history. PARISH COUNCIL Awaiting comments. REPRESENTATIONS Five letters of objection have been received raising the following points: 1. New application for a permanent residence. 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. Development Control Committee (West) 12 27 March 2008 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 needed 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 4. 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) - Awaiting comments. 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 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). Development Control Committee (West) 13 27 March 2008 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 upon the character and appearance of the Conservation Area. 3. Impact upon neighbouring properties. 4. Landscaping. 5. Highway safety. APPRAISAL 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 an provide 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 this 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. Development Control Committee (West) 14 27 March 2008 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 circumstances 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, permitting movement of the east wing of the building further to the north away from the boundary wall to the south. 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 new 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. At the time of writing this report comments were awaited. Development Control Committee (West) 15 27 March 2008 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, subject to no objections being received from outstanding consultees it is considered that, on balance, the proposal would be generally in accordance with Development Plan policy. RECOMMENDATION:Delegated authority to approve subject to no objections from outstanding consultees and 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. 5. HIGH KELLING - 20080067 - Erection of detached garage; Humphries Corner 6 Pineheath Road for Mr and Mrs A Humphries Target Date :11 Mar 2008 Case Officer :Mr M Gannon (Full Planning Permission) CONSTRAINTS Area of Outstanding Natural Beauty Residential Selected Small Village Tree Preservation Order RELEVANT PLANNING HISTORY 19760176 - Bungalow and garage Approved, 09 Apr 1976 19760941 - Erection of a bungalow Approved, 13 Aug 1976 19780044 - Erection of new bungalow and garage Approved, 10 Mar 1978 20071746 - (Full Planning Permission) - Erection of single-storey side and rear extensions Approved, 02 Jan 2008 THE APPLICATION Seeks to erect a detached single garage in the front garden. The garage would be 3.85m wide x 5.4m long with a height to eaves of 2.3m and a height to ridge of 3.7m REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Cordeaux having regard to the following planning issues: 1. Form and character. 2. Impact on neighbour. PARISH COUNCIL No objection/comment. Development Control Committee (West) 16 27 March 2008 REPRESENTATIONS One letter of objection. Summary of comments: 1. Will be visually prominent. 2. Contrary to proposed High Kelling Village Design Guidelines. CONSULTATIONS Conservation, Design and Landscape Manager (Landscape) - The only trees that may be affected by this development are small Birch which will need to be removed soon due to overcrowding. Recommend a condition to protect the trees at the front of the site from removal, to help screen the new garage from the road. 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). 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. Form and character. 2. Impact on amenity of adjoining properties. 3. Impact on existing trees. APPRAISAL The proposed garage, whilst forward of the dwelling, would be screened in part by the presence of existing trees, which would lessen the visual impact to some degree from the east. To the west, the garage would be more visually prominent due to the higher crown of the trees. It is not considered that the garage would result in any significant overshadowing or loss of light or privacy for the adjoining neighbours to the west, given that they have an integral garage at the front north-eastern corner closest to the boundary. The proposal may result in the loss of a small number of Birch trees. However, most of the trees, with the exception of a single tree at the site entrance, are not protected and could be removed at any time. On this basis it is not considered that objection could be sustained. It is not considered that there would be any adverse impact on the Area of Outstanding Natural Beauty. Development Control Committee (West) 17 27 March 2008 In summary, whilst the garage would be sited forward of the dwelling, in view of the overall limited detrimental impacts, on balance the proposed development is considered to comply with adopted Local Plan Policies. RECOMMENDATION:Approval subject to the imposition of appropriate conditions. 6. HOLT - 20080201 - Erection of dwelling and detached cart lodge; Jenis Barn Thornage Road for Mr S Chapman MINOR DEVELOPMENT - Target Date :02 Apr 2008 Case Officer :Miss J Medler (Outline Planning Permission) CONSTRAINTS Area of High Landscape Value Archaeological Site Countryside Conservation Area RELEVANT PLANNING HISTORY E3032 - (Outline Planning Permission) - Erection of dwelling Approved, 14 Aug 1962 20061070 - (Outline Planning Permission) - Erection of single-storey dwelling Refused, 22 Aug 2006 20070490 - (Outline Planning Permission) - Erection of single-storey dwelling Refused, 30 May 2007 THE APPLICATION Is for the erection of a one-and-a-half-storey "barn style" dwelling and a detached cart lodge style garage on land to the north of Jenis Barn. Apart from access and layout all matters are reserved for subsequent approval. The maximum size of the dwelling would be approximately 14m x 10m. The height to the wall plate at the front of the property would be approximately 3.3m. The dwelling would share and use the same vehicular access as Jenis Barn. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor High having regard to the following planning issue: Material considerations despite being outside the development boundary. TOWN COUNCIL Support subject to a Section 106 Legal Agreement. REPRESENTATIONS A petition with 116 signatures has been received in support of the application. A copy of the applicant's Design and Access Statement is contained in Appendix 5. as it contains the applicant's supporting statement providing details on the applicant's personal background, the family history regarding the plot of land, a description of the proposal and its proposed use and a conclusion. Development Control Committee (West) 18 27 March 2008 CONSULTATIONS County Council (Highways) - As with the earlier applications on this site (20070490 and 20061070) the application does not provide details of visibility splays to be provided from the site access (Candlestick Lane) onto the Thornage Road (B1110). As the Thornage Road is subject to a 60 mph speed limit at this point the visibility requirement from the access is 215m x 2.4m x 215m (Design Manual for Roads and Bridges DoT). Therefore, should this application be acceptable in planning terms, the applicant should be requested to submit a site frontage survey indicating the above visibility splays to allow favourable Highway comment. Conservation, Design and Landscape Manager (Conservation and Design) - Whilst it could be argued that the proposed dwelling would not enhance the openness of the surrounding landscape, it would be more difficult to sustain an objection purely based upon its impact within the expansive Glaven Valley Conservation Area. A dwelling of appropriate design constructed in sympathetic materials would have a neutral impact upon the appearance and character of the heritage designation. This said, running the access alongside the side of the road seems less than ideal in layout terms. A more natural end result could be achieved if it were to run along the back of the plot inside the hedge line. In offering these comments, it is appreciated that there may well be an overarching policy objection to the proposal. Therefore, any requests for conditions would be premature at this stage. Conservation, Design and Landscape Manager (Landscape) - Awaiting comments. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. It is considered that refusal of this application as recommended may have an impact on the individual Human Rights of the applicant. However, having considered the likely impact and the general interest of the public, refusal of the application is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 5: The Countryside (prevents general development in the countryside with specific exceptions). Policy 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 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). Development Control Committee (West) 19 27 March 2008 Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). MAIN ISSUES FOR CONSIDERATION 1. Acceptability of proposal in Countryside policy area. 2. Highway safety. 3. Impact upon Area of High Landscape Value. 4. Impact upon the Glaven Valley Conservation Area. APPRAISAL The Committee may recall considering planning application reference 20070490 in May of last year for the erection of a single-storey dwelling on the site which was refused on the following grounds:The applicant has failed to demonstrate sufficient justification for the erection of a dwelling in the proposed location and due to the location of the site with the Area of High Landscape Value it is considered that the proposal would have a significant detrimental impact upon the open and rural character of the area. The proposed development would therefore constitute the erection of a dwelling on land designated as Countryside in the North Norfolk Local Plan where there is a general presumption against residential development. The proposal would be prejudicial to the District Council's Development Strategy, which is designed to impose severe restraint upon new residential development in the countryside in order to direct housing growth to specific and sustainable locations. Furthermore, the applicant has failed to demonstrate that adequate visibility can be achieved at the site entrance for the benefit of drivers of vehicles leaving the site. Accordingly, the proposal as submitted is contrary to the objectives of Local Plan Policy 147. Prior to the submission of that application, planning permission reference 20061070 for the erection of a single-storey dwelling was refused under delegated powers on the same grounds as above. The current application is for a one-and-a-half-storey 'barn style' dwelling and cart lodge style garage. However, the site is located within the Countryside policy area (Policy 5) as designated in the Local Plan where there is a general presumption against development. Whilst Policy 53 of the Local Plan regarding the District Council's Housing Strategy is not a 'saved' policy it does not alter the fact the erection of a dwelling in the countryside is not a development permitted in the Countryside policy area. It is therefore considered that no significant change has occurred since the refusal of the previous application (20070490) nor has the applicant submitted any additional supporting information in terms of justifying the erection of a dwelling in the Countryside policy area. The Committee will note the Highway Authority's comments that if the application were to be approved a site frontage survey would be required in order to establish the full extent of the visibility from the site as the proposal, as submitted has severely restricted visibility and is not considered acceptable in highway safety terms, contrary to Policy 147 of the Local Plan. Development Control Committee (West) 20 27 March 2008 At the time of writing this report comments were still awaited from the Conservation, Design and Landscape Manager. However, this does not alter the fact that there is a clear policy objection to this proposal for the erection of a dwelling in the Countryside policy area. Furthermore, it is considered that the applicant has failed to provide sufficient justification to warrant a clear departure from policy for the construction of a new dwelling in the Countryside policy area. Consequently, the proposal is not considered acceptable and does not accord with Development Plan policy. RECOMMENDATION:- REFUSE,FOR THE FOLLOWING REASONS:1) The District Council adopted the North Norfolk Local Plan on 2 April 1998 for all planning purposes. The following saved policies as listed in the Direction issued by Government Office for the East of England on 14 September 2007 are considered relevant to the proposed development: Policy 5: The Countryside Policy 13: Design and Setting of Development Policy 42: Development in Conservation Areas Policy 147: New Accesses The applicant has failed to demonstrate sufficient justification for the erection of a dwelling in the proposed location and due to the location of the site with the Area of High Landscape Value it is considered that the proposal would have a significant detrimental impact upon the open and rural character of the area. The proposed development would therefore constitute the erection of a dwelling on land designated as Countryside in the North Norfolk Local Plan where there is a general presumption against residential development. The proposal would be prejudicial to the District Council's Development Strategy, which is designed to impose severe restraint upon new residential development in the countryside in order to direct housing growth to specific and sustainable locations. Furthermore, the applicant has failed to demonstrate that adequate visibility can be achieved at the site entrance for the benefit of drivers of vehicles leaving the site. Accordingly, the proposal as submitted is contrary to the objectives of Local Plan Policy 147. 7. SHERINGHAM - 20071180 - Erection of twenty-two flats; Central Garage 49 High Street for Mr N J Wright MAJOR DEVELOPMENT - Target Date :26 Oct 2007 Case Officer :Mr M Gannon (Outline Planning Permission) CONSTRAINTS Core Retail Area Town Centre Conservation Area Contaminated Land Development Control Committee (West) 21 27 March 2008 THE APPLICATION Demolition of all existing structures and construction of 22 flats. All matters of detail are reserved for future consideration except access. Vehicular access to the site is proposed via an existing driveway situated between 37 and 39 High Street with egress proposed from the existing driveway to the south of No.47. The submitted drawings include indicative proposals for three detached buildings of two and threestorey with 18 off-street parking spaces. A desk top study regarding contaminated land issues has also been submitted. REASON FOR REFERRAL TO COMMITTEE Deferred at a previous meeting of the Committee. TOWN COUNCIL No objection in principle to residential or commercial purposes but concerns raised regarding the widths of the proposed access and egress. REPRESENTATIONS Eight letters from adjoining and other local residents (summarised):1. Block A will overshadow properties in Co-operative Street. Account should be taken of the significant difference in levels this side. 2. Development will put further strain on already overloaded drainage system. 3. Proposals envisage inadequate off-street parking for the likely needs of the occupiers of the proposed flats. 4. Proposals conflict with the retail designation of the site in the Local Development Framework. Use of this unique site for any other purposes would not be in the best interests of the town. Premature to emerging policy. 5. Site would be best used for a mix of residential and commercial use better reflecting its town centre location. 6. Demolition of the lock-up garages and the inadequate provision for on-site parking in the submitted scheme will lead to further on-street parking in the surrounding streets exacerbating existing problems for local residents. 7. The gyratory access and egress will not work as access point is frequently blocked. 8. Overlooking of neighbouring properties in Cremer Street. 9. Egress presents danger to pedestrians at busy footway by the 'clock-tower'. 10. Appearance of proposed buildings is too stark and out of keeping with the traditional pattern of development. 11. What are the arrangements for the storage of refuse containers? 12. Access appears very narrow for its intended purpose. 13. Development Brief should be prepared for the site to enable proper testing of the demand for the site for commercial purposes. 14. Development conflicts with national planning policy as outlined in PPS6. Letter from applicant's agent in response to suggestion that proposals be amended to include a commercial element:I would point out that the application as submitted is for outline, with only the 'access' forming part of the application. The suggestion of some retail use within the site be included within this applications is not deemed to be appropriate. The application as submitted under current policies was, as you have previously stated, acceptable for residential use. The applicant's marketing agents have indicated that an objection was lodged within the time frame against the new Local Development Framework proposals for this site. To amend the application at this stage would be prejudicial to the applicant and the future development of the site. However they have suggested that if you would be Development Control Committee (West) 22 27 March 2008 prepared to issue a letter with the planning consent indicating that the Authority would support some retail inclusion within the site, they would be happy to refer to this in all sales particulars and advertisements as and when the applicant wishes to dispose of the site. In this way potential retail developers or occupiers would be included in the marketing. Letter from applicant's agent in response to request for traffic assessment of the existing and proposal site across a seven day period: The garage at present carries out MOT testing and repairs to private vehicles, with staff and customer vehicle movement of an average 40 vehicles daily which based upon a 5 day working week is 200 x 2 = 400 movements. Small van deliveries average is 9 each day averaging 45 each week x 2 = 90 movements. Larger lorries and service vehicles averaging 5 each week x 2 = 10 movements. The lock up garages and additional parking facilities have the potential movement of at least 50 vehicles daily averaging 250 each week x 2 = 500 movements. Potential total of 1000 vehicle movements in a week. The suggestion that with 22 flats could generate 8 vehicles movements each flat this would total to 176 daily based upon the five working day movement this would generate a total of 880 vehicle movements. In practical terms the proposed flats and their Town Centre location would almost certainly be occupied by persons wishing to walk to the town facilities rather than drive. It should be brought to the Members attention that the provision of vehicle parking for residential flat development within town centre locations is not required under current planning policies. If this is causing a problem the parking facilities can be withdrawn, this however would cause a greater burden on the surrounding highway network. Letter from agents on behalf of applicant expressing dismay at the number of delays in determining the application when there is no policy basis to do so. Appeal on grounds of non-determination will be made if deferred again and an appeal will be lodged if the proposal is refused. Look forward to receiving a favourable decision. CONSULTATIONS Anglian Water - It is envisaged that the public combined system can accommodate foul flows only from the proposed development of 22 dwellings based on a gravity discharge. Further consideration on capacity would need to be given should flows require pumping from the site. There is insufficient capacity in the existing combined system to accommodate surface water flows and therefore all alternative methods of surface water disposal must be investigated for the site, including soakaways and other SUDS systems. If this were not possible any connection to the public combined system would be subject to heavy restriction. Should the Council be mindful of granting planning permission conditions should be imposed requiring i) the submission and approval of a detailed scheme of foul and surface water drainage for the site and the subsequent construction of the development in accordance with the approved details and ii) the submission and approval by the Local Planning Authority in consultation with Anglian Water of details of surface water attenuation for the site. Building Control Manager - A ground contamination report is needed at planning stage because of the existing use of the site. Access for fire appliances is awkward. The egress route is the only suitable way to get appliances within 45m of all of the flats. The ingress route is of insufficient width. Development Control Committee (West) 23 27 March 2008 Conservation Design and Landscape Manager (Conservation and Design) - The site lies within the heart of Sheringham town centre. Despite this, however, its backland nature and mix of temporary structures means that it currently fails to make any sort of positive contribution to the town's conservation area. As a result, there can be no Conservation and Design objection to the principle of demolishing the existing buildings and replacing them with some form of residential development. That said, the prevailing form and character of the area is very much about fairly modest buildings arranged incrementally in close-knit formations. It is definitely not about regimented monolithic structures laid out around the perimeter of sites. Whilst it is recognised that siting is not a matter to be considered as part of this application it has to be pointed out that if 22 flats are ultimately to be considered acceptable they would need to be provided in a far more compatible, additive way. Certainly the rather functional indicative elevations do little to convince us that the scheme would preserve or enhance the Conservation Area. In the event of the other consultees being happy with this proposal Conservation and Design would welcome the opportunity to devise a note for any approval advising that the units would need to be delivered in an altogether different form. County Council (Highways) - You will be aware that the Highway Authority has previously expressed a preference for a car free development on this site. The provided details of the existing uses and vehicular movements associated with those uses indicates that this proposal would not be likely to increase the vehicular use of the poorly located access/egress points onto High Street. Accordingly, and notwithstanding the above preference, subject to vehicular access only being from between no.s 37A and 37B High Street and egress being from the south of no.47 High Street I can have no objection to the granting of permission. The above access/egress arrangement should be suitably conditioned and I would welcome the opportunity to comment further at the reserved matters stage. Traffic Assessment - The provided vehicle movements figure of 100 weekday trips for the garage appears reasonable given that the garage is relatively large. The figures regarding the lock up garages are harder to judge in that occupancy and scale of vehicular use could be variable, however, given that there are 37 garages on the site and that each of these could possibly accommodate a second vehicle on the apron to the front of each garage a figure of 100 weekday movements appears slightly on the low side taking the worst case scenario would give 37 x 2 x 2 = 148. Using the applicant's agent's figures the overall site generates a total of 200 movements per weekday with, it is assumed, the garage working only a five day week, of course the lock up garages would generate traffic movements for a full seven days albeit expected figures being lower at weekends. TRICS (Trip Rate Information Computer Services) data indicates that a residential flat in this type of location would generate 3-5 vehicular movements per weekday. This figure being lower than the 8-10 movements generally quoted for a residential dwelling in that the location and likely occupier of this proposed type of dwelling does not necessarily own or use a car to the same degree at a 'family' type house in a less urban area. On the above basis the proposed 22 flats would generate, at worst case scenario, 22 x 5 = 110 weekday movements. The above indicates that the vehicular use of the site would decrease should this application be allowed. Environment Agency - (Summarised) - Contaminated Land: Object as the land has the potential to be contaminated and no appropriate site investigation has been carried out. As a minimum the applicant should produce a desktop study for consideration by the Local Planning Authority. If the desktop study identifies that Development Control Committee (West) 24 27 March 2008 contamination may be a problem a full site investigation will be required prior to determination of the application. If, upon receipt of this information the LPA considers that the proposals present a significant risk to controlled waters further consultation with The Environment Agency will be necessary. Sustainable Development: The development should be carried out in all respects in as sustainable manner as possible. Environmental Health - From the initial information provided by the applicant's agent it is clear that the site potentially contains contaminants. Therefore, a full site investigation needs to be carried out, including assessment of the risk to controlled waters. This investigation should be undertaken by a suitably qualified, experienced and independent person/company. Please continue to consult with the Environment Agency. A condition should be attached to any permission requiring the submission and approval of a scheme for the storage of refuse and the subsequent implementation of the approved details. County Council Planning Obligations Co-ordinator - Based on the proposals for 22 dwellings a total developer contribution of £1,100 (i.e. £50 per dwelling) will be required, this to be paid in one lump sum on occupation of the 10th dwelling. Planning Policy Manager - The Development Plan is the starting point in the consideration of planning applications and currently comprises saved Structure Plan and Local Plan policies. The emerging Development Plan is also a material consideration and comprises the East of England Plan and the North Norfolk Local Development Framework. Emerging policy in the Core Strategy has been submitted to Government for examination, and is presumed to be sound. It is therefore material to decisions but generally should be afforded less weight than the saved Local Plan policies. The Central Garage site lies within the 'Town Centre' as designated in the North Norfolk Local Plan. Policy 7 allows commercial development and other uses as long as they are compatible with maintaining retailing as the prime function of each area. The site is currently used as garage/workshops and therefore residential development would not detract from retailing as the prime function of that area. Residential development on the scale proposed would, however, prejudice future retail redevelopment of the site. Emerging policy in the LDF Core Strategy includes Policy SS12, Sheringham. This states that between 500 to 750sq.m of new comparison goods retail floorspace will be accommodated in Sheringham. Suitable sites for development of new retail floorspace will be allocated in the Site Specific Proposals document and a suitable central site for a market will be safeguarded. This need for additional comparison goods floorspace in the Sheringham area was identified in the DTZ North Norfolk Retail and Commercial Leisure Study, 2005, which has been adopted for the purposes of informing planning policy and development control decisions. The study found capacity for new comparison goods floorspace of 3,700 to 7,700sq.m net (depending on trading efficiencies and other variables) in the Cromer/Holt/Sheringham zone. The Core Strategy divides this up between Cromer (5,000sq.m) and Sheringham (500-750sq.m). The Central Garage site and surrounding area is one of few areas in Sheringham town centre that would appear suitable to accommodate substantial new comparison goods floorspace. Core Strategy policy EC5 directs new retail and leisure proposals to Primary Shopping Areas or the next best sequentially available sites in towns. This site is adjacent to the proposed Primary Shopping Area in Sheringham and is therefore considered one of the most appropriate sites to accommodate such development. Development of this site for other purposes could result in sequentially less preferable sites being allocated/developed. It should be demonstrated that loss Development Control Committee (West) 25 27 March 2008 of the site will not prejudice Policy SS12 objectives of expanding the comparison goods offer in Sheringham. The LDF Site Specific Proposals preferred options document that was consulted upon in September 2006 identified the site and surrounding land as a 'retail opportunity site'. It stated that this is a valuable town centre location and redevelopment for a range of commercial and other uses would expand the opportunities available in the town centre and improve the townscape. The retail opportunity site included the telephone exchange, library and shops to the south as well as the builder's yard to the rear and other land in the area (see page 101). Work on the Site Specific Proposals document is, however, at an early stage and there can be no certainty that this site will come forward as an allocation. The form and design of the proposal is a relevant concern and it is considered that the proposal as submitted would not comply with existing and emerging polices seeking high quality design and development that harmonises with the townscape and general character of the area in which they are sited. Existing Local Plan Policies 13 and 42 are relevant here, along with emerging Core Strategy policies EN4 and EN8. National guidance in PPS3 and PPS1 also requires high quality inclusive design. PPS1 states that design which is inappropriate in its context, or which fails to take the opportunity to improve the character and quality of an area should not be accepted (paragraph 34). PPS3 states that good design is fundamental to the development of new high quality housing which contributes to the creation of sustainable mixed communities. Emerging Core Strategy Policy HO2 requires 45% affordable housing provision on schemes of 10 or more dwellings. PPS3, Housing, sets a national indicative minimum site size threshold of 15 dwellings until local thresholds are set (paragraph 29). There is a high local need for affordable housing and the 2007 Strategic Market Housing Assessment prepared for the Authority by Fordham Research suggests that in excess of 900 affordable dwellings are needed per year. Further details are provided in paragraphs 3.2.6 to 3.2.12 of the Core Strategy. The proposal does not seem to incorporate any such requirements. Emerging Core Strategy Policy EN6 also requires that all proposals demonstrate how energy use and resource consumption have been minimised and that proposals of more than 10 dwellings include on-site renewable energy technology to provide for at least 10% of predicted total energy usage. These considerations need to be integrated from the outset rather than 'bolted on' at the end and we would expect to see more details on this aspect in an energy consumption statement. This is supported by PPS22 which states that Local Planning Authorities may require a percentage of the energy to be used in new residential, commercial or industrial developments to come from on-site renewable energy development (paragraph 8). PPS3 says applicants should bring forward sustainable, environmentally friendly new housing developments and should reflect the approach set out in the forthcoming PPS on climate change and the Code for Sustainable Homes (paragraphs 12 and 15). HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. Development Control Committee (West) 26 27 March 2008 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 42: Development in Conservation Areas (developments should preserve or enhance character). Policy 79: Core Retail Areas (limits use of ground floor premises to Class A1, A2 or A3 uses - shops, offices or food/drink outlets). 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 12: Sheringham (identifies strategic development requirements). Policy EC 5: Location of retail and commercial leisure development (specifies appropriate location according to size). Policy HO 1: Dwelling mix and type (specifies type and mix of dwellings for new housing developments). Policy HO 2: Provision of affordable housing (specifies the requirements for provision of affordable housing and/or contributions towards provision). Policy HO 7: Making the most efficient use of land (Housing density) (specifies housing densities). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 6: Sustainable construction and energy efficiency (specifies sustainability and energy efficiency requirements for new developments). Policy EN 8: Protecting and enhancing the historic environment (prevents insensitive development and specifies requirements relating to designated assets and other valuable buildings). Policy EN 13: Pollution and hazard prevention and minimisation (minimises pollution and provides guidance on contaminated land and Major Hazard Zones). Policy CT 2: Developer contributions (specifies criteria for requiring developer contributions). Policy CT 5: The transport impact of new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUES FOR CONSIDERATION 1. Appropriate use of town centre location? 2. Prejudicial to future options for retail development in the town centre? 3. Impact upon surrounding properties. 4. Impact on the Conservation Area. 5. Highway safety and off-street parking provision. APPRAISAL This application was deferred at the December meeting to enable Members to visit the site. It was again deferred at the meeting on 3 January 2008 to enable the applicant to consider a formal request by the Committee to consider the possible inclusion of a commercial retail element in line with the emerging Local Development Framework preferences for the site. At the last meeting it was deferred to await the views of the County Council (Highways) following receipt of a traffic assessment, which was requested by Committee. County Council (Highways) comments have now been received. Development Control Committee (West) 27 27 March 2008 The application site currently accommodates a vehicle maintenance centre and 37 lock-up garages arranged in terraces. The site is designated in the Local Plan as town centre and the two driveways serving the site from High Street fall within the Core Retail Area. Part of the site falls within the Conservation Area. Local Plan Policy 7 provides for the possibility of a broad range of commercial and other uses within the designated town centres providing there is no conflict with the Core Retail policy. In this case there would be no building on those parts of the site that fall within the designated Core Retail Area. Accordingly there is no conflict with Local Plan Policy 79. Furthermore it is difficult to argue that the residential development of this particular site would in any way detract from the attractiveness of the town centre as a retail area. Accordingly it is considered that the proposals accord with Local Plan Policy 7. Members will note the emerging LDF policies, following the submission of the Core Strategy and examination in public. The starting point for the Inspector during the examination will be that the Core Strategy is presumed to be 'sound'. It should therefore carry some weight. However, guidance is given on the weight to be given to the emerging policies in the OPDM publication, The Planning System: General Principles. In this case representations have been received in respect of Policies HO2 and EN6 referred to specifically by the Planning Policy Manager and Policy EC5, which is related to the retail element of Policy SS12. Policy SS12 seeks to accommodate 500-750sq.m of new comparison goods floorspace in Sheringham, which will respect the small-shop nature of the town. Suitable sites for development of new retail floorspace will be allocated in the Site Specific Proposals and a suitable central site for the market will be safeguarded. Notwithstanding some existing highway access difficulties, the Central Garage site, in conjunction with adjoining land, might be considered a potential site to accommodate new comparison goods floor space and/or a site for a market. Indeed, the application site forms part of the retail area (ROS5) identified in the Local Development Site Specific Proposals - Preferred Options. However, there is no certainty that this site will come forward as an allocation and accordingly at this stage little weight can be attached to the Site Specific Proposals in the determination of this planning application. In any event the preferred use of the site would continue to be 'for a range of commercial and other uses' to expand opportunities in the town centre and improve the townscape. In this respect the future policy proposals for the site restate the current policy requirements as outlined in Local Plan Policy 7 Therefore, whilst safeguarding the site for a mixed retail/residential use might have longer term benefits for the vitality and viability of the town centre of Sheringham, it is considered that the current adopted policies could not be substantiated a refusal of the proposal. The buildings which currently occupy the site are of no special quality and the application presents an opportunity to enhance the appearance of this part of the Conservation Area. Members will note the comments of the Conservation, Design and Landscape Manager in this respect. Clearly the present indicative proposals would have to be substantially reworked in order to achieve this objective. Care would also have to be taken at reserved matters stage to ensure that the development relates satisfactorily to all neighbouring residential properties, particular care being needed with regard to the adjoining dwelling to the north which is set at a lower level than the application site. Development Control Committee (West) 28 27 March 2008 In response to initial concerns raised by the Environment Agency regarding potential ground contamination, the applicant's agent has provided a 'desktop' study for consideration by the Council's Environmental Protection Officer. The Environmental Protection Officer has subsequently requested a full site investigation and this is now being undertaken. The applicant's agent had been asked to provide additional information regarding existing traffic movements. This information has been received and County Council (Highways) have now commented. It is considered that the vehicular use of the site would decrease should this application be allowed. As such, it is considered that, subject to satisfactory resolution of the ground contamination issues, the proposal would comply with current Development Plan policies. RECOMMENDATION:Delegated authority to approve, subject to the prior resolution of the ground contamination issues and the imposition of appropriate conditions. 8. WALSINGHAM - 20080050 - Change of use and conversion from hostel/cafe/chapel to C2 (religious retreat), including construction of covered walkway, new shopfront, additional dormer windows, bell cotte and fenestrational changes; 47, 47a and 49 High Street for Mr P Hoye MINOR DEVELOPMENT - Target Date :06 Mar 2008 Case Officer :Miss J Medler (Full Planning Permission) See also 20080051 below. CONSTRAINTS Archaeological Site Residential Conservation Area Listed Building Grade II Listed Building Grade II* RELEVANT PLANNING HISTORY 20042083 - (Full Planning Permission) - Erection of detached dwelling Approved, 04 Feb 2005 THE APPLICATION Is for the change of use and conversion from hostel/cafe/chapel to C1 (Religious Retreat), including construction of covered walkway, new shop front, additional dormer windows, bell cotte and fenestrational changes. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor T Moore having regard to the following planning issues: 1. Car parking. 2. Impact upon Grade II and II* Listed Buildings. PARISH COUNCIL Awaiting comments. Development Control Committee (West) 29 27 March 2008 CONSULTATIONS Conservation, Design and Landscape Manager (Conservation and Design) - The proposal reflects lengthy discussions from two site visits and whilst the proposal is acceptable in principle, there are a number of details that require clarification and amending to render this scheme successful. These include fenestrational details regarding glazing arrangements, window casements, retaining and replicating catslide dormers, as well as the acceptability of the formation of new door openings and changes to form en-suites in first floor. Further details are also required regarding details for access ramp on No.47, new mantelpiece details in room G06 to be agreed prior to installation, details of external lighting submitted. Subject to the receipt of acceptable amended details conditions are required regarding the lowering of the chapel floor, exploratory work and that under no circumstances shall the 16th Century timber frame of No.49 be disturbed or damaged. A full copy of the Conservation and Design comments can be found in Appendix 6. County Council (Highways) - There is no highway objection to the proposal subject to the following comments: The proposal includes the locating of seven parking spaces to the rear of the property, to be accessed from Coker's Hill. The proposed access would be at the location of the existing wooden gated entrance. If a vehicular access were to be created at this point, due to the presence of the brick and flint wall, the visibility would not be sufficient to ensure highway safety. I, therefore, believe that Coker's Hill is not suitable for an additional access to this site, to accommodate the new access and the increase in traffic. There is a nearby public car park and on-street parking available, so I believe that these facilities should continue to be used for this site. If the proposed vehicle parking spaces were to be removed from the application, there would be no objection to the rest of the planning application. I would also advise that the permitted development rights be removed to ensure that no such vehicular access could be implemented without specific planning permission. Environmental Health - No objections raised, but require conditions in relation to the submission of details for any ventilation, air conditioning, refrigeration, mechanical extraction, waste disposal prior to the first use of the development and details of any external lighting prior to installation. 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 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). Development Control Committee (West) 30 27 March 2008 Policy 42: Development in Conservation Areas (developments should preserve or enhance character). Policy 122: Hotels (permitted within defined settlements subject to size, design and amenity considerations). 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 EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 8: Protecting and enhancing the historic environment (prevents insensitive development and specifies requirements relating to designated assets and other valuable buildings). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUES FOR CONSIDERATION 1. Acceptability of proposal in residential policy area. 2. Impact on Grade II and Grade II* listed buildings. 3. Impact on the Conservation Area. 4. Impact on the neighbouring properties. 5. Highway safety. APPRAISAL The site is located within the residential policy area of the Selected Small Village of Walsingham where proposals that are classed as a C1 use are permitted provided that they are appropriate to the settlement in terms of their overall design and size and they have no significant detrimental effect on the surrounding area or on the residential amenities of nearby occupiers, in accordance with Policy 122. As the proposed development would utilise the existing buildings at 47, 47a and 49 High Street with some alterations it is considered that the proposal would accord with Policy 122. The Committee will note the comments from the Conservation, Design and Landscape Manager; subject to the plans being satisfactorily amended it is not considered that the proposal would have a significant detrimental impact on the character of the listed buildings. Subject to this, the appearance and character of the Conservation Area would be preserved. At the time of writing this report amended plans were still awaited. It is considered that the external alterations proposed, subject to satisfactory amendment, would improve the appearance of the listed buildings and would have no greater impact on the privacy or amenities of the occupiers of neighbouring properties than already exists. The submitted plans show seven car parking spaces on the site accessed by a new vehicular access off Coker's Hill. In accordance with the District Council's car parking standards a minimum of 1.5 car parking spaces per bedroom is required for a C1 use in a Selected Small Village. The development has ten en-suite bedrooms, a caretaker's flat and a flat on the second floor for the owner. Therefore, approximately nineteen car parking spaces would be required on the site. Development Control Committee (West) 31 27 March 2008 However, the Committee will note the comments from the Highway Authority which has advised that the proposed vehicular access off Coker's Hill would not be suitable to accommodate a new vehicular access nor an increase in traffic as the visibility would not be sufficient to ensure highway safety. If the seven car parking spaces are removed from the scheme then the Highway Authority would not raise an objection due to the close proximity of the public car park and on street parking available nearby. The agent has been advised of these comments and at the time of writing this report an amended plan omitting the car park from the scheme was awaited. The absence of car parking from the scheme would be contrary to Policy 153. However, there is currently no car parking area on the site for the current uses, apart from a small area directly to the rear of No.47a, which could accommodate approximately two cars but has a restricted area for manoeuvring. Therefore, on balance, in view of the Highway Authority's comments regarding the close proximity of the public car park and on street parking and the advice given in PPG13 Transport, it is not considered that the lack of parking provision on the site in this location is sufficient justification to warrant refusal of this application. Committee will note representations from the applicant have been received requesting County Council (Highways) reconsider their objection in view of the extant permission to erect a dwelling and access, as approved under application 20042083. County Council (Highways) have responded confirming that, in view of the extant permission, they would remove their objection subject to the applicant reducing the number of spaces to an acceptable level. Subject to the receipt of satisfactorily amended plans, including a reduction in the number of parking spaces and subject to no objections being received from the Parish Council it is considered that the proposal would be acceptable and would not significantly depart from Development Plan policies. RECOMMENDATION:Delegated authority to approve, subject to the receipt of satisfactorily amended plans, including design changes and a reduction in the number of parking spaces, no objections from the Parish Council and subject to the imposition of appropriate conditions. 9. WALSINGHAM - 20080051 - Demolition of single-storey extensions, internal alterations and construction of covered walkway, additional dormer windows, new shopfront and fenestrational changes; 47, 47a and 49 High Street for Mr P Hoye Target Date :06 Mar 2008 Case Officer :Miss J Medler (Alteration to Listed Building) See also 20080050 above. CONSTRAINTS Archaeological Site Listed Building Grade II Consultation Area Residential Conservation Area Listed Building Grade II Listed Building Grade II* Development Control Committee (West) 32 27 March 2008 RELEVANT PLANNING HISTORY 20060824 - (Alteration to Listed Building) - Internal alterations, removal of external door and installation of window Approved, 19 Jul 2006 20071684 - (Alteration to Listed Building) - Installation of replacement pediment window Approved, 27 Feb 2008 THE APPLICATION Is for the demolition of single storey extensions, internal alterations and construction of covered walkway, additional dormer windows, new shopfront and fenestrational changes. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor T Moore having regard to the following planning issue: Impact on Grade II and II* Listed Buildings. PARISH COUNCIL Awaiting comments. REPRESENTATIONS A letter has been received from the applicant following the Highway Authority's objection to the proposed new access off Coker's Hill and seven car parking spaces. The applicant has asked whether some modification of the proposed car parking would be acceptable to the Highway Authority in view of an earlier planning permission granted in the same location as the proposed seven car parking spaces for one dwelling, a new vehicular access, and car parking and turning arrangements under reference 20042083. The applicant has asked at the very least for car parking and an access in this location for his own family's cars equivalent to that proposed in the earlier planning application which was approved, as the building will be used as a family home as well as a retreat so family parking seems entirely reasonable. The applicant advises that car movements for the retreat will be limited as people who come to stay will not treat it as a base for further local journeys but will come for several days or weeks and remain in the centre during that time. Car parking on site will also be easier for the elderly or disabled rather than parking in the public car park some way away. A full copy of the letter can be found in Appendix 7. CONSULTATIONS Ancient Monuments Society - Awaiting comments. Conservation, Design and Landscape Manager (Conservation and Design) - The proposal reflects lengthy discussions from two site visits and whilst the proposal is acceptable in principle, there are a number of details that require clarification and amending to render this scheme successful. These include fenestrational details regarding glazing arrangements, window casements, retaining and replicating catslide dormers, as well as the acceptability of the formation of new door openings and changes to form en-suites in first floor. Further details are also required regarding details for access ramp on No.47, new mantelpiece details in room G06 to be agreed prior to installation, details of external lighting submitted. Subject to the receipt of acceptable amended details conditions are required regarding the lowering of the chapel floor, exploratory work and that under no circumstances should the 16th Century timber frame of No.49 be disturbed or damaged. A full copy of the Conservation and Design comments can be found in Appendix 6. Development Control Committee (West) 33 27 March 2008 Council For British Archaeology - Awaiting comments. English Heritage - Our specialist staff have considered the information received and we do not wish to offer any comments on this occasion. This application should be determined in accordance with national and local policy guidance, and on the basis of your specialist conservation advice. Society Protection Ancient Buildings - Awaiting comments. The Georgian Group - Awaiting comments. The Victorian Society - Awaiting comments. Twentieth Century Society - Awaiting comments. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 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). 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 character of the Grade II and Grade II* listed buildings. APPRAISAL The application is for the demolition of single storey extensions as well as internal and external alterations to the Grade II (No.47 and 47a) and Grade II* (No.49) listed buildings. The Committee will note the comments from the Conservation, Design and Landscape Manager and those of English Heritage. Subject to the plans being satisfactorily amended it is not considered that the proposal would have a significant detrimental impact on the character of the listed buildings. At the time of writing this report amended plans were still awaited. Development Control Committee (West) 34 27 March 2008 If the Committee is minded to approve the application it will be necessary to refer the application to the Government Office as No.49 is Grade II* listed. However, the proposal is considered to be acceptable and in accordance with Development Plan policy, subject to the receipt of a satisfactory amended plan. RECOMMENDATION:Delegated authority to approve subject to the receipt of satisfactory amended plans, no objections from outstanding consultees or the Government Office for the East of England, and imposition of appropriate conditions. 10. WIGHTON - 20080021 - Erection of water treatment buildings; Wighton WTW Wells Road for Anglian Water Services Limited MINOR DEVELOPMENT - Target Date :29 Feb 2008 Case Officer :Mr G Lyon (Full Planning Permission) CONSTRAINTS Area of Outstanding Natural Beauty Archaeological Site County Wildlife Site Countryside Fluvial Flood Zone RELEVANT PLANNING HISTORY 19810230 - Pitched roof generator extension Approved, 06 Mar 1981 20000370 - (Full Planning Permission) - Drilling and development of replacement water abstraction borehole Approved, 15 Jun 2000 20071057 - (Full Planning Permission) - Erection of water treatment buildings Withdrawn, 25 Jul 2007 THE APPLICATION Seeks to erect a nitrate reduction plant on a site area of approximately 0.77 hectares. The proposal has been designed to resemble a Norfolk barn complex and consists of a range of buildings, the tallest of which would be approximately 10m high. Also proposed are a number of tanks, ancillary buildings and a new concrete road. REASON FOR REFERRAL TO COMMITTEE The application was deferred at a previous meeting of the Committee for a site visit. PARISH COUNCIL Awaiting comments. CONSULTATIONS Conservation, Design and Landscape (Landscape) - Commented on the proposals in 2007 highlighting concerns about the impact of such a large scale development in the open countryside and Area of Outstanding Natural Beauty. We are, however, sympathetic to the necessity of improving the Water Treatment Works in the area. The site, in some respects, does provide some advantages such as being screened from the roadway by the railway embankment and being situated in a natural valley depression. However, the site would still be extremely visible from the railway and from Public Rights of Way. Development Control Committee (West) 35 27 March 2008 As mentioned before, we feel that a scheme of suitable quality and design might be acceptable on this site. However, in my opinion, the current proposals fall short of this requirement. Anglian Water stipulate that due to the type of equipment necessary for the plant, large buildings are required to enclose them. The proposed RGF building is extremely large and little has been done to soften the impact of the building. The proposed materials are utilitarian and do not reflect other materials in the locality. It is felt that significant improvements could be made to the design of the development, drawing upon features found in the North Norfolk Design Guide. A development of this scale would be almost impossible to hide within the landscape; therefore it requires thought and consideration on what features can be incorporated into the design to limit the impact. Conservation, Design and Landscape have considerable concerns about the current design, therefore we recommend that the applicant be invited to discuss the design issues further and amend the application before taking the application to a decision stage. Conservation, Design and Landscape (Conservation and Design) - This site lies in an area designated as Countryside within the Norfolk Coast Area of Outstanding Natural Beauty. The current water treatment works lie adjacent to the Wells and Walsingham Light Railway to the west of the track and are concealed from the main Wighton to Wells road by the railway embankment. The development of this site to accommodate a nitrate reduction scheme to improve local water quality is not disputed. The existing building is approximately 3m high and occupies a footprint of 60sq.m. It is constructed in brick with a grey slate roof. The proposals must be considered against Local Plan Policy 20: Norfolk Coast Area of Outstanding Natural Beauty and also Policy 13: Design and Setting of Development. The proposals involve construction of a set of large scale buildings and tanks between 4.5m and 9m high set immediately to the west of the existing unit. The largest building has a footprint of 275sq.m. Proposed materials are brick and slate roofing to match existing. The buildings will house the necessary machinery for the nitrate reduction operation. The design ethos is to make the buildings sit in the open landscape like a 'Norfolk Barn complex' in order to minimise the impact of this development on the environment. This principle is quite acceptable, given the rural open setting within a rolling field pattern punctuated with the occasional barn complex. The elevational and roof treatment of each building will be critical to the success of the development. The scale and bulk of this development and its impact in the landscape do give rise to concern. Some of the buildings are up to 9m high with elevations that extend 22m. In addition the roofline of the scheme will be level with the top of the rail embankment. The sheer mass of these large individual buildings will undoubtedly have a major impact on the surrounding countryside. Some of the openings are very utilitarian and bear no relation to features on a barn. The effect of these could be lessened with the addition of a lean-to open cart shed with vertical timber posts. This would create an overhang and set the functional openings back into the shaded area making them less obtrusive. Advice contained in the North Norfolk Design Guide relating to barn conversions is appropriate in this case. Materials are a key element of the success of this scheme and will play a key part in relating the buildings to their setting. Development Control Committee (West) 36 27 March 2008 Boundary treatment will also have a major impact on this development and every effort should be made to make this appear ‘natural’ and unobtrusive in the landscape. Further discussions with the applicant would be useful in order to fine tune the elevational details of the proposals. A montage or a model would be extremely useful for this purpose in order to visualise the impact of all the buildings together. Environment Agency - Awaiting comments. Environmental Health - No objection subject to condition regarding external lighting and notes regarding potential for contaminants to be present. Norfolk Coast Partnership - Awaiting comments. Norfolk Wildlife Trust - 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 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 18: Light Pollution (aims to prevent insensitive lighting schemes to protect residents, traffic safety and environment). 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 9: Biodiversity and geology (requires no adverse impact on designated nature conservation sites). 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). MAIN ISSUES FOR CONSIDERATION 1. Principle of the development. 2. Design. 3. Landscape impact on Area of Outstanding Natural Beauty. Development Control Committee (West) 37 27 March 2008 APPRAISAL In respect of the issue of principle, whilst located within a sensitive countryside setting, the principle of the need for a nitrate reduction plant is accepted in light of the legal duties placed upon Anglian Water to provide clean and safe drinking water for local residents and to comply with the Water Supply (Water Quality) Regulations 2000. The primary consideration therefore relates to the design, form and setting of the proposed buildings to house the equipment and their associated impact upon the wider countryside, which is designated as an Area of Outstanding Natural Beauty. Planning Policy Statement 7: Sustainable Development in Rural Areas states that within Areas of Outstanding Natural Beauty, the conservation of the natural beauty of the landscape and countryside should be given "great weight" in development control decisions. In this instance and in light of other options not being considered viable by Anglian Water, the approach to try and replicate a Norfolk barn complex is accepted as being the most likely to conserve the natural beauty of the landscape and countryside, subject to satisfactory design and external appearance. However, whilst the applicants have improved upon the local distinctiveness of the proposed buildings compared with the earlier withdrawn scheme, in light of comments received from the Conservation, Design and Landscape Manager it is considered that there is room for further improvement to help the scheme to fit more comfortably within its setting. Negotiations are therefore taking place to improve the scheme and Committee will be updated orally in respect of progress RECOMMENDATION:Committee will be updated orally. 11. APPLICATIONS RECOMMENDED FOR A SITE INSPECTION The following planning application is recommended for a site inspection by the Committee prior to the consideration of a full report at the next meeting. As this application will not be debated at this meeting it is not appropriate to invite public speaking at this stage. Members of the public will have an opportunity to make their representations at the next meeting of the Committee when the application is discussed. Please note that additional site inspections may be recommended by the officers at the meeting or agreed during consideration of report items on this agenda. MELTON CONSTABLE - 20080329 - Erection of forty dwellings; land off Grove Road for Melton Constable Country Club REASON FOR REFERRAL TO COMMITTEE It has been requested by Councillor R Combe that an early site visit is carried out by the Committee on the above planning application in view of it being a major application of local significance. Development Control Committee (West) 38 27 March 2008 RECOMMENDATION The Committee is recommended to undertake a site visit in the above case. 12. APPLICATIONS APPROVED UNDER DELEGATED POWERS BLAKENEY - 20080001 - Erection of one and a half storey extensions; 1 and 2 The Butts Saxlingham Road for Mr and Mrs Burrows (Full Planning Permission) BLAKENEY - 20080059 - Installation of en-suite bathroom; Mount Cottage 54 High Street for Mr I Kirk (Alteration to Listed Building) BLAKENEY - 20080082 - Installation of replacement telecommunications antenna; The Old Lifeboat House Blakeney Point for BT Group Plc (Full Planning Permission) BODHAM - 20080017 - Variation of condition 4 of planning permission reference 20031776 to allow use of floodlights on Tuesday, Thursday and Sunday evenings from 6pm to 8.30pm; Bodham Playing Field Cromer Road for Bodham Parish Council (Full Planning Permission) CLEY-NEXT-THE-SEA - 20080052 - Erection of replacement dwelling; Missel Marsh Hilltop for Mr S Baldwin (Full Planning Permission) CORPUSTY - 20080040 - Erection of agricultural building; Church Farm Cromer Road Saxthorpe for Mr N Last (Full Planning Permission) CORPUSTY - 20080068 - Erection of single-storey extension to outbuilding; Tan office Farm Briston Road Saxthorpe for Mr K Schilling (Full Planning Permission) EDGEFIELD - 20071878 - Erection of first floor rear extension, front dormer window, replacement of flat roof with pitched roof and detached garage; Friars Well Ramsgate Street for Mr P A Loughlin (Full Planning Permission) FULMODESTON - 20071873 - Demolition of garage and erection of singlestorey extension and garage and erection of wind turbine on nine metre mast; The Cottage Clipstone Lane Kettlestone for Mr and Mrs Leversedge (Full Planning Permission) HINDOLVESTON - 20080079 - Erection of car port; plot 3, 43 The Street for Mr R Eggleton (Full Planning Permission) HOLT - 20080023 - Change of use of ground floor from residential to A1 (retail); 39a Bull Street for Mrs R Webster (Full Planning Permission) Development Control Committee (West) 39 27 March 2008 HOLT - 20080099 - Conversion of bike shed into shower block; Kenwyn House Greshams Preparatory School Cromer Road for Gresham's Preparatory School (Full Planning Permission) HOLT - 20080100 - Erection of extension and replacement of external staircase; Kenwyn House Greshams Preparatory School Cromer Road for Gresham's Preparatory School (Full Planning Permission) HOLT - 20080150 - Extension and conversion of part of first floor to provide residential annexe; The Old Stables Kerridge Way for Mr and Mrs S Gooch (Full Planning Permission) HOLT - 20080151 - Alterations to provide first floor living accommodation; The Old Stables Kerridge Way for Mr and Mrs S Gooch (Alteration to Listed Building) LANGHAM - 20080101 - Conversion of outhouse into accommodation; Seal Cottage 8 North Street for Mr N P Wykeham (Full Planning Permission) habitable LETHERINGSETT - 20080137 - Prior notification of intention to erect agricultural building; Barnaway House Barnaway Lane Little Thornage for C C Keen and Sons (Prior Notification) SHERINGHAM - 20080024 - Installation of replacement shop front to facilitate conversion of two shops to one unit; 5 Station Road for Mr and Mrs D Barney (Full Planning Permission) SHERINGHAM - 20080037 - Erection of dwelling (revised design); plot 3, Beeston Garage site, 41 Cromer Road for Vesuvio Developments Ltd (Full Planning Permission) SHERINGHAM - 20080042 - Erection of replacement rear extension and detached annexe; Morley Grange 14 Cremers Drift for Mr S Pigott and Mrs S Walker (Full Planning Permission) STODY - 20071553 - Conversion of barn to B1 (office) and ancillary storage; Stody Hall Farm Brinton Road for Stody Estate Limited (Full Planning Permission) TATTERSETT - 20080057 - Conversion of building to treatment rooms, erection of plant room, conversion of barns D1/D2 to holiday accommodation (revised design) and revised car parking and landscaping; Manor Farm Fakenham Road for Mr Wagg (Full Planning Permission) THURNING - 20080030 - Erection of single-storey link extension; Church Farm House Sandy Lane for Mr N V Lyles (Full Planning Permission) Development Control Committee (West) 40 27 March 2008 WALSINGHAM - 20080007 - Retention of boundary fence/retaining wall; 4-5 The Hill for Mrs S P Tune (Full Planning Permission) WALSINGHAM - 20071684 - Installation of replacement pediment window; 49 High Street for Mr P Hoye (Alteration to Listed Building) WALSINGHAM - 20080013 - Erection of single-storey side/rear extension and conservatory; 29 Cleaves Drive for Mr T Moore (Full Planning Permission) WELLS-NEXT-THE-SEA - 20071740 - Erection of single-storey and first floor rear extensions; 43 Freeman Street for Ms B J Marshall (Full Planning Permission) WELLS-NEXT-THE-SEA - 20071865 - Demolition of garage and erection of extension to provide holistic clinic; Knot's Yard The Quay for Mr and Mrs J Gizzi (Full Planning Permission) WELLS-NEXT-THE-SEA - 20080003 - Erection of replacement single-storey extension and outbuilding; East House East End for Mr and Mrs Baker (Full Planning Permission) WELLS-NEXT-THE-SEA - 20080027 - Demolition of utility wing and erection of single-storey extension and outbuilding; East House East End for Mr and Mrs Baker (Alteration to Listed Building) WELLS-NEXT-THE-SEA - 20080048 - Construction of replacement roof to single-storey extension; Mill House Northfield Lane for Mrs B Downey (Full Planning Permission) WELLS-NEXT-THE-SEA - 20080069 - Erection of first floor side extension and part two-storey rear extension; 83 Northfield Crescent for Mr and Mrs I Lear (Full Planning Permission) WEYBOURNE - 20080065 - Erection of single-storey rear extension; 7 Home Farm Rise for Mr and Mrs Alloway (Full Planning Permission) WIVETON - 20080081 - Erection of eight metre pole mounted telecommunications antenna; Friary Farm Cley Road Blakeney for British Telecom (Prior Approval) 13. APPLICATIONS REFUSED UNDER DELEGATED POWERS BODHAM - 20080036 - Continued display of direction signs; Entrance to Gypsies Lane, off Cromer Road for Crayford and Abbs Ltd (Non-illuminated Advertisement) Development Control Committee (West) 41 27 March 2008 FAKENHAM - 20080039 - Erection of first floor rear extension and detached garage/store; 73 Norwich Road for Mrs L Rose (Full Planning Permission) WIGHTON - 20080018 - Erection of first floor extensions; Water Hall Mill Lane for Mr and Mrs B Hopkins (Full Planning Permission) APPEALS SECTION 14. NEW APPEALS BRISTON - 20071304 - Erection of dwelling; New Hall Farm Mill Road Briston for Mrs N Smith WRITTEN REPRESENTATIONS FAKENHAM - 20070673 - Erection of three two-storey dwellings; 24 Holt Road for Mr J Doughty WRITTEN REPRESENTATIONS HOLKHAM - 20071596 - Conversion of farm office to residential accommodation for estate worker; Farm office Longlands Holkham Park for Holkham Estate INFORMAL HEARING 15. PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS 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 SHERINGHAM - 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 PUBLIC INQUIRY 01 Jul 2008 SHERINGHAM - 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 Development Control Committee (West) 42 27 March 2008 16. WRITTEN REPRESENTATIONS APPEALS - PROGRESS CLEY-NEXT-THE-SEA - 20070910 - Change of use to single-storey dwelling; The Store Post office Lane for Mr A W Simmons FAKENHAM - 20071585 - Display of internally illuminated totem advertisement; former Rainbow Superstore Holt Road Fakenham for Lidl UK Gmbh HINDOLVESTON - 20070789 - Erection of two-storey dwelling and garage; Homely Acre 61 The Street for Mr and Mrs D Self RYBURGH - 20071062 - Erection of two-storey dwelling and garage; land south of 91 Fakenham Road for Mr M Davenport 17. APPEAL DECISIONS CLEY-NEXT-THE-SEA - 20061674 - Erection of two-storey dwelling; The Garages The Fairstead for Mr and Mrs S W Tart APPEAL DECISION :- DISMISSED CLEY-NEXT-THE-SEA - 20070134 - Erection of two-storey dwelling; The Garages The Fairstead for Mr and Mrs S W Tart APPEAL DECISION :- DISMISSED EDGEFIELD - 20070871 - Erection of two-storey dwelling; land at Green Farm Norwich Road Edgefield for Mr D Sands APPEAL DECISION :- DISMISSED Development Control Committee (West) 43 27 March 2008