OFFICERS’ REPORTS TO DEVELOPMENT CONTROL COMMITTEE (WEST) – 28 FEBRUARY 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. Holt – Tree Preservation Order (HOLT) 2007 No.10 Orchard Piece and Oakside, Kelling Road, Holt. To consider whether or not to confirm a Tree Preservation Order at the above site. Background The above Order was served in response to the receipt of a planning application to demolish one dwelling and outbuilding and erect eight dwellings on the site. Following a site visit and the analysis of a pre-development tree survey, the Landscape Officer raised concerns over the layout of the development and the relationship to the trees worthy of retention on the site. The development would have resulted in the loss of a number of trees on the site which contributed to the public amenity. Furthermore the development was unsympathetic to the trees left for retention. Following the refusal of the planning application, partly due to the detrimental effect on the trees and with the trees having no legislative protection, the Landscape Officer carried out an evaluation of the trees with a view to serving a Tree Preservation Order. The trees scored highly on the assessment in terms of amenity value, public visibility and expediency; therefore it was deemed appropriate to serve an Order immediately to protect the trees. The Order was served on 20 December 2007. Representations Objections to the Order:One letter has been received objecting to the Order, from the owner of Orchard Piece (dated 16 January 2008 – see Appendix 1). The owner has objected on two grounds:1. Public Amenity Value of the trees. The owner questions the validity of the Order as the trees are not considered to have any public amenity value. The owner believes that they do not benefit the public at large as they are not visible from the public domain and there is no public access or right of way onto the land. 2. The need to serve a Tree Preservation Order. The owner questions the need to serve a Tree Preservation Order on land where the Council has recently granted planning permission without the need to serve a TPO in the past. Two letters of support for the Order have been received. Development Control Committee (West) 1 28 February 2008 Human Rights Implications It is considered that the serving of the Order may raise issues relevant to Article 8: The right to respect for private and family life, and Article 1 of the First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual’s human rights, and the general interest of the public, it is anticipated that the confirmation of this Order would be proportionate, justified and in accordance with planning law. APPRAISAL In response to the objections the following comments are made:1. Public Amenity Value - As part of the assessment process for initiating a TPO, the Landscape Officer considered the relative public visibility of the trees and suitability for a TPO. The trees were visually assessed from the roads and pavements in the vicinity of the site, these being Cromer Road, Kelling Road and Greenways. All of the trees in the TPO are visible or partly visible from one or more of these public vantage points. The trees do not have an immediate impact from the pavement but form an attractive verdant backdrop to the bungalows along Greenways and the housing on Kelling Road and Cromer Road. Public access onto the site in question is not required in order to appreciate the individuals and groups of trees protected by the Order. 2. Need to serve a Tree Preservation Order – The previous planning permission referred to by the owner in his letter of objection, refers to an application to erect four detached single-storey dwellings. The layout of this development was significantly different from the proposal to erect eight dwellings and was situated in a way that did not impinge on the trees. It was concluded that the development would not affect the viability of the trees nor vice-versa. Therefore a TPO was not considered necessary and through the use of appropriate conditions the trees could be protected during construction. MAIN ISSUES FOR CONSIDERATION 1. Whether or not the Order was served correctly in accordance with the relevant legislation and the Council’s adopted policy. Officers are satisfied that the proper procedures were followed when serving the Order. 2. Whether or not the Order has been served on trees of sufficient amenity value to warrant a Preservation Order. Officers consider that the trees identified in the Order have considerable public amenity value and make a noteworthy contribution to the setting and character of the site and the surrounding area. RECOMMENDATION:That the Holt – Tree Preservation Order (HOLT) 2007 No. 10 Orchard Piece and Oakside, Kelling Road, Holt be confirmed. Source: (Kerys Witton, Extn 6323 – File Reference: TPO (Holt) 2007 No. 3) Development Control Committee (West) 2 28 February 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 tower, roof, dormer window and fenestrational changes, which do not accord with the plans approved under 20060904. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Brettle having regard to the following planning issue: Potential visual impact of the development on the Blakeney Conservation Area and neighbouring properties. 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 Three 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 not 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. Development Control Committee (West) 3 28 February 2008 The Design and Access Statement prepared by the applicant's agent, which provides reason for the design changes is attached as Appendix 2. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Further consideration of this issue will be given at the meeting. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 4: Selected Small Villages (small-scale residential development should enhance character) (development should be compatible with character). Policy 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). 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 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 to Officers 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. Development Control Committee (West) 4 28 February 2008 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 what is now considered to be a poorly proportioned gable. Furthermore, fenestrational changes to the western gable end through a reduction in the amount of glazing have resulted in a loss of vertically to the gable, again contributing to its poor proportions. 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. The net effect of these changes is that there has been a dilution in the quality of the scheme as first presented. Instead of the tower having two tiers, which contributed to its verticality, it now has a somewhat truncated and bulky rectangular appearance which lacks the visual interest of the approved scheme. In addition, due to the increase in width of the north and south elevations of the viewing gallery, the amount of glazing has increased and with it the perception of being overlooked. Similarly the changes to the construction of the roof have resulted in what is considered to be a poorly proportioned western gable end, which lacks verticality and detailing, instead presenting a somewhat squat and bland looking gable. Furthermore, the dormer on what is the principal elevation now appears to be a more dominate feature. As such, cumulatively it is considered that the design changes are a retrograde step and have diluted the originally quality of the scheme. The site lies within the Conservation Area and in such areas where preservation or enhancement of the character of appearance is a policy requirement, high standards of design should be expected. Discussions are therefore being held with the agents to explore whether improved design can be achieved. 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 remain 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. Development Control Committee (West) 5 28 February 2008 The Committee is recommended to visit the site in view of its sensitivity and Members will be updated orally as to progress regarding discussions. RECOMMENDATION:That Members visit the site pending discussions with the applicant's agents in terms of possible improvements to the design. 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. Amended plans have been received reducing the ridge and eaves height of the dwelling by approximately 500mm, 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 At the request of Councillor High having regard to the following planning issues:1. Impact on neighbouring properties. 2. Design. 3. Highway safety. PARISH COUNCIL Awaiting comments. 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. Development Control Committee (West) 6 28 February 2008 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. 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. Development Control Committee (West) 7 28 February 2008 HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. 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 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) 8 28 February 2008 Furthermore, due to the site's location within an already developed area it is not considered that the proposal would have a significant 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 comments made by the Highway Authority and the objection to the application in respect of the suitability of Hilltop for further intensification in use. 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. HELHOUGHTON - 20071248 - Demolition of dwelling and erection of two twostorey detached dwellings and detached garage; 1 and 2 Raynham Road for Mr G Morris MINOR DEVELOPMENT - Target Date :04 Oct 2007 Case Officer :Mr G Lyon (Full Planning Permission) See also 20071249 below. CONSTRAINTS Residential Selected Small Village Wensum Valley Project Conservation Area Development Control Committee (West) 9 28 February 2008 RELEVANT PLANNING HISTORY 20070688 - (Full Planning Permission) - Demolition of dwelling and erection of three two-storey dwellings Withdrawn, 14 Jun 2007 THE APPLICATION The application previously proposed the erection of a terrace of three two-storey dwellings with parking and garaging at the rear. Amended plans propose the demolition of a dwelling and erection of two two-storey detached dwellings and detached garage. The dwelling on Plot 1 would have an eaves height of approximately 3.5m with a height to ridge of approximately 7.1m with approximately 40 degree asymmetrical pitched roof. The dwelling on Plot 2 would have a height to eaves of 4.9m and a height to ridge of 7.9m also with 40 degree pitched roof. Materials would be a combination of brick, brick and flint, clay pantiles and white painted joinery. Each unit would have a garage and two off-road parking spaces. Access to the site would be via a new central entrance onto Raynham Road replacing the existing northern access. REASON FOR REFERRAL TO COMMITTEE The application was given delegated approval at the last meeting subject to no new grounds of objection being received. Further objections have been received, on the basis of which Councillor Wakefield has also requested reconsideration. PARISH COUNCIL Original scheme - Objected to the original application as it is considered the proposed development would not enhance the Conservation Area and would be overdevelopment of the site. There are also concerns regarding a lack of amenity space. Residents from neighbouring properties expressed concern regarding sewerage if the present one dwelling is demolished and replaced by three properties. There is no mains sewerage system in Helhoughton and problems with drainage mean that the cess pit system which is in operation is not efficient. Amended scheme - Object as follows:1. Concerned about loss of historically important building. 2. No need for further dwelling. 3. Northerly dwelling will overlook "Rosebank" and "Shenandoah" and will cause shadowing. 4. Will impact upon telephone and electricity cables running across the site. 5. Insufficient detail about drains and sewerage. 6. Concern about access. 7. Concern about vehicular movements to and from the site blocking Raynham Road. 8. No bat survey has been carried out as bats are known to inhabit this property. 9. Concerned about the logistics of demolishing and rebuilding. REPRESENTATIONS Nine letters have been received to the original scheme, two from the same address. Two further letters have been received in respect of revised scheme. Summary of concerns raised:1. The existing property is one of the oldest in the village and in the Conservation Area and should be conserved. Development Control Committee (West) 10 28 February 2008 2. Additional dwellings would cause additional pressure on the local road network. 3. The proposal would change the character of the Conservation Area. 4. The proposal would result in a serious loss of light and would overshadow our front garden. 5. The dwellings would overlook our property and garden and reduce our amenity. 6. The proposals would not enhance the character of the Conservation Area. 7. The garages would also reduce sunlight to and overshadow our garden. 8. Increased traffic will increase noise levels, particularly to the rear areas of adjacent dwellings. 9. The area is notoriously bad for surface/wastewater drainage through soakaways and a number of properties along Raynham Road have been affected as the water table is so high. 10. The use of soakaways would result in water draining onto our land. 11. The new access would destroy ancient hedgerow and roadside banks and spoil the character of Raynham Road. 12. The steep incline to the rear of the site will encourage further surface run-off onto Raynham Road. 13. This is not a sustainable location for further dwellings as all residents would have to use a car to meet their daily needs. 14. The original properties are perfectly sound and capable of being renovated back to the original two dwellings. 15. Construction of the dwellings would cause unimaginable chaos to the area in terms of noise and general disturbance. 16. There will be no benefit to the village. 17. The existing property was renovated in the last 6 years with NNDC grant money. 18. The existing garden is used by monk jack deer as a route to farmland over the road. 19. The existing property is characterful and contributes to the Conservation Area. 20. The proposed gardens are extremely small for family properties. 21. The proposal would increase significantly vehicular movements in the area. 22. The proposal would have biodiversity implications through loss of hedgerow and trees. 23. Not all of the hedge is within the applicant’s control and therefore the visibility splay may not be able to be achieved. 24. The access drive width is inadequate. 25. Service vehicles to the properties would have to block Raynham Road as they would not be able to enter the site due to restricted width. 26. The application was rushed through Committee on 31 January 2008 without adequate time for people to comment on the revised scheme. 27. Plot 1 would overshadow our property. 28. Out of character with the area and would only detract from the area and not enhance it. CONSULTATIONS Conservation, Design and Landscape Manager (Conservation and Design) - Original plans - Although the existing building is clearly of some vintage, it is considered that its demolition can not be resisted for the reasons outlined below:1. The building is not of any particular architectural or historic merit. 2. The building has experienced some inappropriate alterations and additions in the past; i.e. the application of a modern "plastic" paint finish, replacement windows and a storm proof porch. 3. The building neither harms nor enhances the appearance and character of the Conservation Area - its impact is entirely neutral. 4. With good quality (part reused) materials, the proposed redevelopment would enhance this part of the village. Development Control Committee (West) 11 28 February 2008 Whilst it appears to be a property which could be refurbished and re-used, there is no real justification in heritage terms for this to happen. Conservation and Design would therefore not wish to stand in the way of this application. In terms of the new build, this has been carefully negotiated with the applicant and his agent. Generally it follows the form of the existing building, albeit in an updated and re-orientated form. The stepped ridge pays due reference to the rising ground up Raynham Road, whilst the prominent position on the site maintains the existing channelled views up and down this rural lane. Whilst the new units do not offer any real design innovation or individuality, they are well proportioned and appropriately detailed. As such, they would be compatible with their surroundings. With good quality materials, the overall effect should be one of enhancing the appearance and character of this part of the conservation area. As a result, there can be no sustainable Conservation and Design objections to this application. If the application is to be approved, the following conditions are requested:1. That a brick sample be agreed. 2. That the existing pantiles be reclaimed and reused with any shortfall made up with tiles which match their composition, colour and profile. 3. That full details of the windows and doors be submitted and agreed prior to their installation. Amended plans - Having now established that the existing cottage is not worthy of listing, Conservation and Design comments can now concentrate on the redevelopment proposals as amended. In this respect, rather than the linked terrace previously proposed, two detached dwellings are now envisaged. Whilst this moves away from the current form of development on the site, it does not preclude a qualitative end result being achieved. Clearly, however, this is down to the design and execution of the individual plots. Design-wise, the general approach continues to be relatively restrained with two architecturally unobtrusive compositions proposed. However, unlike the most recent attempts which were blighted with regimented suburban overtones, this latest scheme provides for a more sympathetic interpretation of vernacular building. Hence, we now have two distinct buildings which pay due reference to their surroundings and which successfully respond to the ground levels along Raynham Road. In terms of detailing, the elevations are generally mild-mannered and do not seek attention. This is considered appropriate given the similar properties adjoining the site. Although it is uncommon to see a catslide roof on a front elevation, this is justified on Plot 1 given the dormers on the property next door. Therefore, with good quality natural materials, and with informal hard and soft landscaping (all to be conditioned), the two units should preserve the appearance and character of the conservation area. County Council (Highways) - Original plans - The re-siting of the access drive to the southern side of the site significantly improves visibility onto the Raynham Road and accordingly I have no objection to this present proposal subject to the imposition of appropriate conditions. In respect of representations received regarding visibility splay concerns, it is considered that the hedge has matured over highway land and, accordingly, it is within the remit of the Highway Authority to maintain the verge to the depth indicated on the plan. Amended plans - No objection subject to conditions. Development Control Committee (West) 12 28 February 2008 HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk 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). Policy 153: Car Parking Standards (specifies parking requirements for different use classes within different Local Plan policy areas). North Norfolk Core Strategy (Submission document): Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 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). Policy CT 7: Safeguarding land for sustainable transport uses (safeguards railway land against prejudicial development). MAIN ISSUES FOR CONSIDERATION 1. Principle of residential development in this location. 2. Impact on the character and appearance of the Conservation Area. 3. Impact on the amenity of adjacent residents. 4. Highway safety. 5. Loss of hedgerow. APPRAISAL On 31 January 2008, Committee gave delegated authority to the Head of Planning and Building Control to approve both this and related Conservation Area consent application (20071249), subject to no new grounds of objection following reconsultation and re-advertisement of amended plans and subject to written confirmation from English Heritage regarding their listing assessment. Additional new grounds of objection have since been received in respect of the form and character of the proposed two new dwellings. Development Control Committee (West) 13 28 February 2008 The site lies within the development boundary of Helhoughton and, as such, there would be no objection to the principle of residential development on this site, subject to the proposal enhancing the form and character of the village (Policy 4) and compliance with other Local Plan Policies, particularly in relation to impact on the Conservation Area (Policy 42), impact on amenity (Policy 13) and impact on highway safety (Policies 147 and 153). English Heritage previously considered a request to list the building and responded orally that it was not of listable quality. A copy of their listing assessment is attached as Appendix 4. The proposed replacement properties would have a bigger footprint than the existing property in view of the wider gable widths. However, the plot widths of 12m would not be out of character with the plot widths of other dwellings along Raynham Road and the stepping up of the ridges would also be in character. Subject to the imposition of appropriate conditions, it is considered that the proposal would preserve the form and character of the village and appearance of the Conservation Area. In respect of impact on amenity of adjacent residents, whilst there would be some potential for overlooking of the adjacent property to the north from bedroom 4 of Plot 1, it is not considered that this would be significantly detrimental to their amenity. To the west is a field separated by mature landscaping. Whilst this landscaping prevents overlooking of the adjacent land, its removal would enable possible overlooking to take place. Given that properties have existed on the eastern side of Raynham Road for many years, overlooking could have taken place irrespective of the proposal for the new dwellings. As such, it is not considered that refusal on the grounds of potential overlooking of land to the west could be substantiated. In respect of highway safety implications, County Highways have no objection. A section of hedge would be removed to provide the new access. However, this is not considered to be significant in terms of appearance or impact on flora or fauna. Notwithstanding the new grounds of objection raised the development as proposed would be in accordance with adopted Development Plan policies. RECOMMENDATION:Approve subject to the imposition of appropriate conditions. 5. HELHOUGHTON - 20071249 - Demolition of dwelling; 1 and 2 Raynham Road for Mr G Morris Target Date :04 Oct 2007 Case Officer :Mr G Lyon (Demolition in a Conservation Area) See also 20071248 above. CONSTRAINTS Residential Selected Small Village Development Control Committee (West) 14 28 February 2008 RELEVANT PLANNING HISTORY 20070723 - (Demolition in a Conservation Area) - Demolition of dwelling Withdrawn, 14 Jun 2007 THE APPLICATION Proposes the demolition of a dwelling. REASON FOR REFERRAL TO COMMITTEE The application was given delegated approval at the last meeting subject to no new grounds of objection being received. Further objections have been received, on the basis of which Councillor Wakefield has also requested reconsideration. PARISH COUNCIL Object to this application because it is considered this historic building, sited in a Conservation Area, should not be demolished. The building is not in a poor state of repair and only six years ago received grant funding from North Norfolk District Council to carry out refurbishment of the building. REPRESENTATIONS Thirteen letters have been received, four from the same address. Summary of comments raised:1. The existing property is one of the oldest in the village and in the Conservation Area and should be conserved. 2. The proposal would change the character of the Conservation Area. 3. The proposals would not enhance the character of the Conservation Area. 4. The use of soakaways would only result in water draining onto our land. 5. The original properties are perfectly sound and capable of being renovated back to the original two dwellings. 6. There will be no benefit to the village. 7. The existing property was renovated in the last 6 years with NNDC grant money. 8. The existing property is characterful and contributes to the Conservation Area. CONSULTATIONS Conservation, Design and Landscape Manager (Conservation and Design) Although the dwelling in question is clearly of some vintage, it is not considered that Conservation and Design can sustain an objection to its demolition for the following reasons: 1. The building is not of real architectural or historic interest or merit. 2. The building has experienced some inappropriate alterations and additions in the past; i.e. the application of a modern "plastic" paint finish, replacement windows and a storm proof porch. 3. The building neither harms nor enhances the appearance and character of the Conservation Area - its impact is entirely neutral. 4. With good quality (part reused) materials, the proposed redevelopment would at least preserve and most probably would enhance this part of the village. Whilst it appears to be a property which could be refurbished and re-used if there were the will, there is no real justification in heritage terms for this to happen. Given the building is not critical, Conservation and Design are unable to lodge an objection to this scheme. 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) 15 28 February 2008 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 42: Development in Conservation Areas (developments should preserve or enhance character). North Norfolk Core Strategy (Submission document): Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). 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 and appearance of the Conservation Area. APPRAISAL On 31 January 2008, Committee gave delegated authority to the Head of Planning and Building Control to approve both this and related application (20071248), subject to no new grounds of objection following re-consultation and re-advertisement of amended plans and subject to written confirmation for English Heritage regarding their listing assessment. Additional new grounds of objection have since been received in respect of the proposed two dwellings. Representations received had raised concerns about the prospect of demolition on the grounds that the existing building is one of the oldest in the village and contributes positively to the character of the area. Advice from the Conservation, Design and Landscape Manager in respect of earlier application (20070723) has suggested that although the dwelling in question is clearly of some vintage, it is not considered that an objection to its demolition can be sustained on that basis. It is considered that the existing building has a neutral impact on the character and appearance of the Conservation Area and subject to the replacement scheme preserving or enhancing the character of the Conservation Area demolition is acceptable. English Heritage has indicated that the existing building is not of listable quality. A copy of their listing assessment is attached as Appendix 4. The proposal is considered to be in accordance with adopted Development Plan policies. Development Control Committee (West) 16 28 February 2008 RECOMMENDATION:CONDITIONS:- APPROVE, SUBJECT TO THE FOLLOWING 2) The demolition hereby permitted shall not be undertaken before a contract for the carrying out of the works of redevelopment of the site has been made and planning permission has been granted for the redevelopment for which the contract provides. REASONS:2) In order to preserve the character and appearance of the Conservation Area, in accordance with Policy 42 of the adopted North Norfolk Local Plan. 6. HINDOLVESTON - 20071804 - Erection of four dwellings; 3 Melton Road for Mr N Beckett MINOR DEVELOPMENT - Target Date :15 Jan 2008 Case Officer :Mr M Gannon (Outline Planning Permission) CONSTRAINTS Residential Selected Small Village RELEVANT PLANNING HISTORY 19841351 - Change of use of school buildings into two residential units Approved, 19 Dec 1984 THE APPLICATION Demolition of single-storey buildings formerly used in connection with the use of the site as a builders yard and erection of four dwellings on part of the residential curtilage of the adjoining house (within the applicant's ownership) and the former builder's yard. All dwellings would be served from a new single point of access onto Melton Road and private driveway. Access and layout only are under consideration at this stage. REASON FOR REFERRAL TO COMMITTEE This application was deferred at the last meeting for a site visit. PARISH COUNCIL Objects to the application for the following reasons:1. Overdevelopment of the site. The Council feels this area is too small for four dwellings. 2. There would be unacceptable overlooking of neighbouring dwellings (Neighbouring properties are not accurately depicted on the submitted plan, particularly to the south. 3. The Parish Council request a site visit. REPRESENTATIONS Letter of objection from owners of dwelling to south (summarised):1. Plan does not accurately show the proximity of the adjoining house which has been extended towards the site in recent years with windows facing. 2. Overlooking, loss of privacy and loss of light. 3. Hedge on party boundary would not screen the new houses. 4. Overdevelopment of site out of keeping with the village environment. Development Control Committee (West) 17 28 February 2008 5. Proposed buildings to the rear are behind the established building line. 6. Contrary to the emerging policies in the LDF regarding future development in Hindolveston. CONSULTATIONS County Council (Highways) - No objection subject to the provision of a 2m parallel visibility splay across the site frontage and standard conditions regarding visibility, construction of access and provision of on-site parking/turning areas. 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 147: New Accesses (developments which would endanger highway safety not permitted). North Norfolk Core Strategy (Submission Document): Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). Policy HO 3: Affordable housing in the Countryside (specifies the exceptional circumstances under which affordable housing developments will be allowed in the Countryside policy area). Policy CT 5: The transport impact of new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). MAIN ISSUES FOR CONSIDERATION 1. Impact upon the character of this part of the village. 2. Impact on neighbouring property. APPRAISAL This application was deferred at the last meeting to enable Members to visit the site. The site is designated in the Local Plan as residential within the boundary of the selected small village. Accordingly there can be no objection in principle to the proposed residential development, subject to enhancement of the character of the village. The existing buildings occupying the site are of little quality and the current proposals offer an opportunity to enhance the appearance of this part of the village. The site has an area of approximately 0.14ha. The proposed development would result in a Development Control Committee (West) 18 28 February 2008 density of approximately 29 dwellings per hectare. Although this figure falls slightly below the national indicative minimum of 30 dwellings per hectare stated in PPS3 it is not considered unreasonable in the context of the fairly loose-knit pattern of development surrounding this particular site. No elevational details of the proposed houses have been submitted. However, making some assumptions regarding the possible position of windows, the proposed development could accord with the Local Plan basic amenity criteria window-towindow distances throughout except with regard to the neighbouring property to the south. This property has two ground floor living room windows facing the site. As the plan stands, the main rear wall of the closest facing new dwelling (plot 2) would be approximately 18.5m distant. Assuming that this elevation of the new dwelling would contain primary windows the distance between buildings should be 21m to accord with the relevant basic amenity criterion. The retention of the present hedge on the party boundary or its replacement with a close boarded fence would prevent any real overlooking or loss of privacy. The applicant's agent has been asked to consider whether the layout could be amended to address this shortfall. However, in broad terms the submitted scheme is considered acceptable and, subject to appropriate design and external materials at reserved matters stage, the development would enhance the character of this part of the village (Policy 4) without significant harm to neighbouring properties in accordance with Development Plan policy. RECOMMENDATION:CONDITIONS:- APPROVE, SUBJECT TO THE FOLLOWING 2) These reserved matters shall relate to the appearance, landscaping and scale of the proposed development and the means of access thereto and this condition shall apply notwithstanding any indications as to these matters which have been given in the current application. 3) Prior to the first occupation of any of the dwellings hereby permitted the vehicular access shall be constructed in accordance with the Norfolk County Council residential access construction specification for the first 5m into the site as measured back from the near edge of the adjacent carriageway. 4) Any access gate shall be hung to open inwards and shall be set back a minimum distance of 5m from the near edge of the adjoining highway carriageway. Any side wall, fence or hedge adjacent to the access shall be splayed at an angle of 45 degrees from each of the (outside) gateposts to the front boundary of the site. 5) Prior to the first occupation of any of the dwellings hereby permitted a 2m wide parallel visibility splay (as measured back from the near edge of the adjacent highway carriageway) shall be provided across the whole of the site's roadside frontage. The parallel visibility splay shall thereafter be maintained free from any obstruction exceeding 0.6m above the level of the adjacent highway carriageway. 6) Prior to the first occupation of any of the dwellings hereby permitted the proposed access and on-site parking and turning area shall be laid out in accordance with the approved plan. They shall be retained thereafter for those specific uses. 7) Prior to the commencement of development hereby permitted details of the location, height, design and materials of all screen walls and fences shall be submitted to and approved in writing by the Local Planning Authority. Any screen wall or fence, as approved, shall be erected concurrently with the erection of the dwellings to which it is related. Development Control Committee (West) 19 28 February 2008 REASONS:2) The application is submitted in outline form only and the details required are pursuant to the provisions of Article 3(1) to the Town and Country Planning (General Development Procedure) Order 1995 and the Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2006. 3) To ensure satisfactory access into the site, in accordance with Policy 147 of the adopted North Norfolk Local Plan. 4) To ensure safe access to the site in accordance with Policy 147 of the adopted North Norfolk Local Plan. 5) To ensure safe access to the site in accordance with Policy 147 of the adopted North Norfolk Local Plan. 6) To ensure the permanent availability of the parking and manoeuvring area, in the interests of highway safety, and in accordance with Policy 147 of the adopted North Norfolk Local Plan. 7) In order for the Local Planning Authority to retain control over this aspect of the development in the interests of the relationship to nearby properties and the surroundings of the development in accordance with Policy 13 of the adopted North Norfolk Local Plan. 7. HOLT - 20071754 - Erection of detached dwelling and cart lodge; land adjoining 10 Kelling Road for The Fishmongers Company MINOR DEVELOPMENT - Target Date :04 Jan 2008 Case Officer :Mr M Gannon (Outline Planning Permission) CONSTRAINTS Residential THE APPLICATION Subdivision of residential curtilage and erection of detached dwelling to side/rear of existing dwelling with detached car port to front. Details of the proposed layout included; all other matters are reserved. The plan has been amended showing the proposed dwelling re-orientated to achieve a larger rear garden. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor High having regard to the impact of the development on the amenities of the occupiers of the present dwelling on the site. TOWN COUNCIL No objection. A Section 106 Agreement should be considered to ensure that the cart lodge is used only for its intended purpose. REPRESENTATIONS Letter of objection from the occupier of the existing dwelling on the site (summarised):1. Loss of privacy. 2. Neighbouring house is occupied by the chaplain of Gresham’s School and a level of privacy is required in connection with this role. 3. The main living area of the neighbouring house features extensive windows facing the application site. 4. Overshadowing of rear garden. Development Control Committee (West) 20 28 February 2008 5. Destruction of wildlife habitat. 6. Overdevelopment of site resulting in cramped layout to detriment of neighbouring residents. CONSULTATIONS County Council (Highways) - No objection subject to standard access and off-street parking conditions and the provision of a 2m wide parallel band visibility splay across the site frontage. 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 SS 1: Spatial Strategy for North Norfolk (specifies the settlement hierarchy and distribution of development in the District). Policy SS 9: Holt (identifies strategic development requirements). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUE FOR CONSIDERATION Relationship to and impact upon surrounding properties. APPRAISAL The application site lies within the development boundary for Holt and is designated as residential. Accordingly the subdivision of the property and the erection of an additional dwelling at this location is acceptable in broad terms subject to the proposed dwelling harmonising with the townscape and general character of the area. Although not a tandem arrangement the proposed dwelling would be set in a position further back on the site than the existing dwelling so as no to intrude into the outlook from the many windows in the side of the existing dwelling. As proposed, these windows would face onto the new parking and turning area and the side wall of the proposed cart lodge/garage which would be approximately 10m distant. The erection of a two-storey dwelling in this location would, however, be likely to result in overshadowing of the neighbouring property to the north and would be likely to have an overbearing relationship. Development Control Committee (West) 21 28 February 2008 Whilst the dwelling would comply with the minimum garden depth of 10m, the dwelling would fall just short of the window-to-window distance under the basic amenity criteria. However, whilst this shortfall is unfortunate, refusal on this ground alone is considered unreasonable. In respect of form and character, this side of Kelling Road is predominantly one of detached properties. Whilst some dwellings are set back from the road, the proposed dwelling would appear as a somewhat incongruous addition, by virtue of its withdrawn position in the street scene. In summary, whilst the principle of development in this location is considered acceptable, the two-storey dwelling as proposed would result in significant overshadowing of and have an overbearing relationship with No.10 Kelling Road, to the detriment of residential amenity and contrary to the objectives of Policy 13 of the adopted North Norfolk Local Plan. 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 of the 14 September 2007 are considered relevant to the proposed development: Policy 2: Small Towns Policy 13: Design and Setting of Development In this instance it is considered that the erection of a two-storey dwelling in the position proposed would result in significant overshadowing of and have an overbearing relationship with No.10 Kelling Road, to the detriment of the residential amenity of its occupiers and contrary to the objectives of Policy 13 of the adopted North Norfolk Local Plan. 8. LITTLE SNORING - 20071317 - Removal of condition 2 of planning permission 20011826 to permit full residential occupancy; Dragonflies Thursford Road for Mr and Mrs J Bowns MINOR DEVELOPMENT - Target Date :18 Oct 2007 Case Officer :Mr M Gannon (Full Planning Permission) CONSTRAINTS County Wildlife Site Countryside RELEVANT PLANNING HISTORY 20011826 - (Full Planning Permission) - Conversion of barn to holiday unit and erection of wind turbine Approved, 18 Dec 2003 THE APPLICATION Removal of holiday occupancy condition attached to the original permission for the conversion of barn to allow the present owners to continue to occupy the accommodation as their primary dwelling. Development Control Committee (West) 22 28 February 2008 REASON FOR REFERRAL TO COMMITTEE This application was deferred at a previous Committee meeting. PARISH COUNCIL Supports the application. REPRESENTATIONS Letters in support of the application from Norfolk Wildlife Trust, CPRE and the applicants (see Appendix 5). Letter of support from owner of nearby property (summarised):1. Despite initial concerns about the applicants' plans for conversion of the building the scheme has proved to be entirely sympathetic as has the management of the site. 2. Application of Council policy in this instance could infringe human rights of the applicants. 3. Council should permit the occupation of dwellings such as this for local people. 4. Any planning permission should include stringent conditions to control future use and development of the site. CONSULTATIONS Environmental Health - Awaiting comments. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. 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 29: The Reuse and Adaptation of Buildings in the Countryside (specifies criteria for converting buildings. Prevents residential conversion unless adjacent to a settlement boundary). Policy 66: Agricultural and Forestry Workers' Dwelling in the Countryside (must be essential for proper functioning of farm, acceptable in landscape terms and no other suitable accommodation available). North Norfolk Core Strategy (Submission document): Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). Policy EC 2: The re-use of buildings in the Countryside (specifies criteria for converting buildings for non-residential purposes). Policy HO 5: Agricultural, forestry and essential worker dwellings in the Countryside (specifies the requirements for provision of new agricultural, forestry and essential worker dwellings in the Countryside policy area). Development Control Committee (West) 23 28 February 2008 MAIN ISSUE FOR CONSIDERATION Policy regarding the reuse of buildings in the Countryside. APPRAISAL This application was deferred at the October meeting to allow Members to visit the site and to allow the applicants the opportunity to present further information regarding the management of the site and the marketing exercise undertaken by them. It was deferred at the meeting on 15 November 2007 to enable consideration of the possibility of granting a permission which might enable the applicants to continue to occupy the premises as their permanent home for so long as they needed but with the property reverting to holiday use thereafter. On 18 December 2003 planning permission was granted to convert a detached barn into a unit of holiday accommodation. Condition 2 of that permission stipulated: "The accommodation hereby permitted shall be used for holiday purposes only and shall not be used as the sole or main residence of the occupiers." The conversion was subsequently completed. However during 2005 it became apparent that the applicants were occupying the site as their primary place of residence contrary to the terms of the planning permission. In February 2006 the matter was reported to Committee and Members resolved to serve a Breach of Condition Notice requiring the applicants to comply with the occupancy restriction condition within a period of 12 months. That period would have expired on 14 February this year. However, in response to a letter from the applicants' agent outlining difficulties that were being experienced in marketing the property, the Committee resolved in February to extend the period for compliance by a further 6 months. The site lies within the Countryside policy area as defined in the Local Plan. The initial planning decision reflected the general presumption against residential development in the countryside by restricting the use of the property to a holiday use in accordance with Local Plan Policy 5. The case put forward by the applicants cites the need for a permanent presence in connection with the grazing of the 6.9ha site, the constant need to check/maintain the wind turbine and associated electrically powered sewage treatment plant and the continuing difficulty in finding a suitable buyer. The advice in PPS7 (Sustainable Development in Rural Areas) makes clear that planning permission should not be granted for isolated new dwellings in the countryside without special justification. Notwithstanding that, the applicants are citing the need for a presence on the site in connection with the management of livestock as part of the justification for permanent occupation, it is not considered that a convincing case has been made in this respect. Certainly it is not considered that the applicants' occupation of the property would satisfy the functional and financial tests that would be necessary to comply with the requirements of Local Plan Policy 66 in the case of a proposal for a new agricultural/forestry worker's dwelling in the countryside. It is clear from the comments submitted by Norfolk Wildlife Trust that the County Wildlife Site is being managed in an exemplary manner by the applicants. Nevertheless, it is not considered that the situation has materially changed since the granting of the original permission or that there are any justifiable planning grounds to permit a permanent residential dwelling in this remote countryside location. Development Control Committee (West) 24 28 February 2008 The Planning Legal and Enforcement Manager was asked to consider the practicalities of a personal permission as suggested by Members at the November meeting. He concluded that it would be possible to approve the application subject to an appropriately worded condition and that there would be no need for a Section 106 Agreement. The following condition has subsequently been agreed with the Planning Legal and Enforcement Manager and the applicants: 'This permission shall enure solely for the benefit of the applicants, John and Priscilla Bowns, for so long as both or either of these named persons occupy the property. Upon the cessation of permanent occupation by both of these named persons the property shall revert to holiday use in accordance with condition 2 of planning permission reference 20011826 unless a further planning permission to vary or revoke this condition has been granted by the Local Planning Authority beforehand. The personal circumstances of the applicants are noted as is the fact that it has so far proved impossible to find a buyer willing to take on the property with the current occupancy restriction. Nevertheless, and notwithstanding that a personal permission would be technically possible, the proposal clearly conflicts with Development Plan policy and is again recommended for refusal. If the Committee accepts the recommendation authority will be sought to pursue a prosecution in respect of the continuing non-compliance with the Breach of Condition Notice RECOMMENDATION:Refusal, on the grounds that the proposal is contrary to the objectives of Policies 5 and 29 and would result in an unrestricted dwelling in the Countryside policy area. 9. LITTLE SNORING - 20080047 - Erection of two-storey linked extension; Old Chapel The Street for Mr R H Fuchs Target Date :06 Mar 2008 Case Officer :Miss J Medler (Full Planning Permission) CONSTRAINTS Countryside Residential THE APPLICATION Is for the erection of a two-storey linked extension to the north west of the dwelling. The extension would be approximately 2.8m from the existing dwelling with a glazed link at first floor, retaining vehicular access below. The proposal would provide additional accommodation to the main dwelling including a kitchen/living area, two bedrooms and a bathroom. The proposed extension would measure approximately 8.21m x 5.82m and 7m to the ridge. The materials proposed are brick, wood, flint, tiles and painted timber joinery, the details of which are to be agreed. Development Control Committee (West) 25 28 February 2008 REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Green having regard to the following planning issues: 1. Relationship to neighbouring properties. 2. Design. PARISH COUNCIL Object on the following grounds:1. Road Safety - Concerned that the proposed extension would increase the number of cars parking and using the access on The Street which at this point has poor visibility. 2. Design - Objects to the development of this historical building. It believes that the link-bridge and extension are not in keeping with the existing buildings in the village. 3. Development - Concerned that at a later date the link could be removed and the property converted into two. REPRESENTATIONS Two letters of objection have been received raising the following points:1. Proposal is devoid of any aesthetic value. 2. Will impact badly on the particular character and beauty of the area. 3. Would be detrimental and at such variance with the character of the whole village. 4. Inaccurate and misleading site location plan. 5. Concerns that the extension would create a completely new dwelling house. 6. Demolition of the link would create two separate houses. 7. Contrary to advice in Design Guide. 8. The proposed extension would dominate the original character of the Old Chapel. 9. What should be a sympathetic and subservient extension is instead of a form, height and scale which compete with the original building. 10. The roof plane to rear, rear window detail and glass link are alien features within Norfolk villages and cannot be described as "local vernacular" features. 11. Overshadowing. 12. Would be of considerable detriment to the amenity and enjoyment of the garden belonging to the neighbouring property to the north-west. 13. Construction and maintenance would take place on garden of neighbouring property to north-west. 14. Would create a precedent for the construction of household extensions right up to the boundary. 15. This would erode the existing nature and landscape of the village as present characterised by an irregular and attractive pattern of buildings and garden land. 16. Loss of hedgerow would be detrimental to the Little Snoring local landscape. CONSULTATIONS County Council (Highways) - I would be against any proposal intensifying the vehicular use of this site due to the restricted access and parking facilities available. However, on the basis that the proposal is for ancillary accommodation only any objection would be extremely difficult to sustain. Should your Authority be minded to approve the application a condition regarding the provision of acceptable visibility splays is required. Furthermore, the Highways Officer has advised that following a request from a member of the public the position of the highway boundary adjacent to the proposed extension has been checked and that the available records indicated that no encroachment will occur should the extension be constructed in the position indicated on the submitted plans. Development Control Committee (West) 26 28 February 2008 HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 6: Residential Areas (areas primarily for residential purposes). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 147: New Accesses (developments which would endanger highway safety not permitted). 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). MAIN ISSUES FOR CONSIDERATION 1. Principle of development. 2. Design. 3. Impact on neighbouring dwellings. APPRAISAL The site is located within the residential policy area of Little Snoring where extensions to dwellings are considered to be acceptable in principle providing they accord with other relevant policies in the Local Plan. Whilst the design of the extension would have a contemporary feel, the overall form, scale and massing, in particular the ridge and eave heights, together with the gable width, would be in keeping with the existing dwelling as would the proposed materials. At first floor level the glazed link would be set back from the front elevation of the existing dwelling and proposed extension by approximately 600mm and would not therefore be an unduly prominent feature within the street scene. Furthermore, as the main body of the proposed extension would be detached from the existing dwelling, it is considered that it would be subordinate to the main dwelling, and the detached link extension would provide a physical 'break' in the continuation of the front elevation. It is therefore considered that the design and materials are acceptable and accord with Local Plan policy. There would be no windows in the north-east elevation, apart from a high level port hole window. Whilst there is a neighbouring detached two-storey dwelling to the north west the proposed extension would be positioned forward of the neighbouring dwelling and not directly adjacent to it. The neighbouring property has garden area to Development Control Committee (West) 27 28 February 2008 the south east and south west, and whilst some overshadowing may occur at certain points in the day it is considered that there is more than ample garden area to the neighbouring dwelling for this not to have a significant detrimental impact on the privacy and amenities of the occupiers of the neighbouring property. The proposal is considered to have an acceptable relationship with neighbouring properties and complies with the basic amenity criteria. It is therefore considered that the proposal is acceptable and accords with Development Plan. RECOMMENDATION:CONDITIONS:- APPROVE, SUBJECT TO THE FOLLOWING 2) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking, amending or reenacting that Order) no window or opening shall be inserted in the north-west elevation of the extension hereby permitted unless planning permission has been first granted by the Local Planning Authority. 3) The extension hereby permitted shall not be occupied at any time other than for purposes incidental to the residential use of the dwelling known as The Old Chapel. 4) Prior to the bringing into use of the development hereby permitted a parallel visibility splay shall be provided across the complete roadside frontage of the Old Chapel. The parallel splay shall extend between both the roadside wall of the existing Old Chapel building and the roadside wall of the proposed extension and the nearside edge of the adjacent highway carriageway. The parallel visibility splay created shall thereafter be maintained free from any obstruction exceeding 1.05m in height above the adjacent highway carriageway. 5) No development shall be commenced until precise details of the materials to be used in the construction of the external walls and roof of the building have been submitted to and approved by the Local Planning Authority in writing. The development shall then be constructed in full accordance with the approved details. 6) Details of the external colour finish to the joinery shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The development shall be completed in accordance with the approved details. REASONS:2) To ensure a satisfactory relationship with neighbouring dwellings, in accordance with Policy 13 of the adopted North Norfolk Local Plan, as amplified by paragraphs 3.31-3.36 of the explanatory text. 3) In the interests of highway safety in accordance with Policy 147 of the adopted North Norfolk Local Plan. 4) To ensure safe access to the site in accordance with Policy 147 of the adopted North Norfolk Local Plan. 5) In order for the Local Planning Authority to be satisfied that the materials to be used will be visually appropriate for the approved development and its surroundings, in accordance with Policy 13 of the adopted North Norfolk Local Plan. 6) In order for the Local Planning Authority to be satisfied that the materials to be used will be visually appropriate for the approved development and its surroundings, in accordance with Policy 13 of the adopted North Norfolk Local Plan. Development Control Committee (West) 28 28 February 2008 10. 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 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 8 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. Development Control Committee (West) 29 28 February 2008 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 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. 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. 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. Development Control Committee (West) 30 28 February 2008 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. 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 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 Development Control Committee (West) 31 28 February 2008 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 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 per cent 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 per cent 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 Development Control Committee (West) 32 28 February 2008 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. 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 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). Development Control Committee (West) 33 28 February 2008 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 seek further details of existing traffic movements. 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. 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. Members will also note the emerging LDF policies, following the submission of the Core Strategy for examination. 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 Companion Document to PPS1. 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. The existence of these representations and the fact of the on-going examination reduce the weight afforded to the emerging LDF. 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 Control Committee (West) 34 28 February 2008 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. 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 has been asked to provide the additional information requested by Members at the last meeting regarding existing traffic movements. At the time of writing a response was awaited. RECOMMENDATION:The Committee will be updated orally at the meeting. 11. UPPER SHERINGHAM - 20060982 - Erection of 6 dwellings (including 2 affordable units); Depot Blowlands Lane for North Norfolk District Council MINOR DEVELOPMENT - Target Date :16 Aug 2006 Case Officer :Mr G Linder (Outline Planning Permission) CONSTRAINTS Area of Outstanding Natural Beauty Parish Boundary Consultation Area Residential Selected Small Village THE APPLICATION The application seeks redevelopment of the District Council Depot for residential purposes. The site, which is to the rear of properties in Blowlands Lane, has an area of some 3,293sq.m and has a number of timber and brick built buildings on it which are used for storage purposes. In addition there is a large area for the open storage of materials. At this stage only the means of access is under consideration with all other matters reserved for later consideration. An amended plan has been received which shows an indicative layout of six dwellings consisting of four detached properties with garages and a semi-detached pair of dwellings, which are allocated as affordable. In addition to the amended plan a Supplementary Site Investigation and Quantitative Risk Assessment, has been received, together with additional information in respect of Blowlands Lane, as requested by the Highway Authority. REASON FOR REFERRAL TO COMMITTEE This application was deferred at a previous meeting of the Committee. Development Control Committee (West) 35 28 February 2008 PARISH COUNCIL (Original comments): Objects to the application due to the lack of information on the adequacy of the infrastructure for further development in terms of the ability of Blowlands Lane to cope with increased vehicular usage, the removal of surface water from the site, the sewage system and utility supplies. In addition they query the number and type of dwellings and also point out that at the time of an appeal in 2004 on an adjacent site the Inspector concluded that the proposed development would be severely detrimental to highway safety, in conflict with the objectives of Policy 147 of the Local Plan and national guidance in Places, Streets and Movement. (Amended comments): Support the application; however consider that the density should be no more than currently planned and that ideally the development should consist of bungalows or chalets, which would blend in with the surrounding area. They would also wish to see adequate provision for drainage of surface water off the site and the provision of a more powerful electricity supply together with clarification of the status of Blowlands Lane. REPRESENTATIONS (Original proposal): Four letters of objection have been received from local residents which raise the following concerns:1. Blowlands Lane is a single track road unsuitable for an increase in the number of residential properties. 2. The road is un-adopted and additional traffic would mean more frequent maintenance - who would be responsible for its upkeep. 3. Lack of pavements and street lighting would be unsatisfactory for families with children. 4. Previous applications for residential development served off Blowlands Lane was refused on the basis of poor access off the B1157. 5. Road unsuitable for large delivery vehicles. 6. Development would be detrimental to the village and appearance of the wider Area of Outstanding Natural Beauty. 7. Would constitute a form of backland development. 8. Inadequate access for emergency services. 9. Development would place additional pressure on sewage pumping station which is already operating at full capacity. 10. Additional dwellings would increase pressure on an already overstretched Health Service in the area. 11. Development should be for affordable housing only. CONSULTATIONS Sheringham Town Council - (Original proposal) - Raises no objection subject to improvements to the access. (Amended proposal) - No objection. Anglian Water - No comments received in respect of either the original or amended proposals. County Council (Highways) - (Original proposal) - Has requested more information regarding the vehicular use generated by the previous use of the site. (Amended proposal) - No objection subject to a 1m wide margin to the edge of the roadway being delineated in a different surface material to indicate the shared pedestrian area. Development Control Committee (West) 36 28 February 2008 Environment Agency - (Original proposal) - Considers that the previous use of the site could cause contamination of the controlled waters and that pollutants entering the groundwater below the site could contaminate public drinking water supplies. Therefore in accordance with PPS23 they object to the application until such a time that a site investigation has been carried out. (Amended proposal) - Remove objection subject to the additional testing, remediation and validation being undertaken as indicated in the Supplementary Site Investigation and Quantitative Risk Assessment and the imposition of conditions. Environmental Health - (Original proposal) - No objection. (Amended proposal) - Additional tests as outlined in the Supplementary Site Investigation Report should be a condition of any approval. Norfolk Landscape Archaeology - No objection subject to the implementation of a programme of archaeological works. The National Trust - Having considered the plans the Trust is satisfied that the proposed development would not have an impact on the setting of Sheringham Park. However the Council should take the opportunity to ensure that the development is an exemplar of sustainable construction and good design, through the use of appropriate materials, renewable energy systems and minimising greenhouse gas emissions. 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 Norfolk Structure Plan (Adopted 29 October 1999) Policy CS.5: Whole Settlement Strategies Policy T.2: New Development (to be assessed against effect on traffic generation and alternative modes of access. Adequate access necessary). North Norfolk Local Plan - (Adopted 2 April 1998): 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 16: Pollution Control (aims to protect public amenity and natural habitats against potentially polluting developments) (prevents sensitive development near to existing polluting environments). North Norfolk Core Strategy (Submission document): Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). Policy SS 3: Housing (strategic approach to housing issues). Policy HO 1: Dwelling mix and type (specifies type and mix of dwellings for new housing developments). Policy HO 2: Provision of affordable housing (specifies the requirements for provision of affordable housing and/or contributions towards provision). Development Control Committee (West) 37 28 February 2008 Policy HO 3: Affordable housing in the Countryside (specifies the exceptional circumstances under which affordable housing developments will be allowed in the Countryside policy area). Policy EN 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 3: Undeveloped Coast (prevents unnecessary development and specifies circumstances where development replacing that threatened by coastal erosion can be permitted). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy CT 5: The transport impact of new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). MAIN ISSUES FOR CONSIDERATION 1. Principle of development. 2. Impact on Area of Outstanding Natural Beauty. 3. Impact on amenity of adjacent residents. 4. Affordable housing. 5. Highways implications. 5. Land contamination. APPRAISAL The application was deferred at the meeting of the Development Control Committee (West) on 17 August 2006 in order to await further information in respect of highway requirements, the need for a contamination survey and provision of affordable housing. The site lies within the development boundary of Upper Sheringham and is shown in the Local Plan as being in an area primarily in residential use and, as such, the principle of residential development would comply with Development Plan policy, subject to enhancement of the character of the village. As far as the impact of the proposal on the Area of Outstanding Natural Beauty is concerned, the depot, when viewed from the east, is partially screened by two-storey dwellings fronting Blowlands Lane, with only the roofs of the existing buildings being visible when approaching the site along the B1157 from the Sheringham direction. To the north and south of the site there is close-knit residential development, which acts as a visual foil. The western boundary of the site is open to view across adjoining fields. However from here, owing to the lie of the land and the fact that the existing buildings are seen against the backdrop of the two-storey dwellings, the visual impact of the site is limited. It is therefore considered, given the mix of buildings and sheds on the site, that a well designed residential development using appropriate materials would be an enhancement of the site. Furthermore the development is not considered to have an adverse impact on the setting of Sheringham Park. Whilst the design and layout do not form part of the current application the amended plan shows an indicative layout of six dwellings consisting of four detached properties and garages and two semi-detached properties, which are allocated as affordable dwellings. Given the fact that the existing dwellings in Blowlands Lane have windows facing the site the relationship of any new dwellings to the rear of these properties would be an important consideration. However, given the rear garden depths of the existing dwellings, which range from 10m to 16m and based on the indicative layout as submitted, it is not considered that the proposed development would be likely to have an adverse impact on the amenities of the existing dwellings. Development Control Committee (West) 38 28 February 2008 The erection of six dwellings, two of which are proposed to be affordable, would comply with Policy 58 of the Local Plan, which requires that in selected small villages proposals for more than four dwellings may be permitted providing the excess dwellings are for affordable housing. As far as the adequacy of the access road and suitably of the present junction with the B1137 is concerned, the Highway Authority has indicated that given the previous use of the site they have no objection in principle to the scheme as amended, but would require the access road to conform with a Type 6 Mews Area road as specified in the Norfolk Residential Design Guide. Following the commissioning of a site investigation to ensure that the development of the site would not cause contamination of the controlled waters the Environment Agency have withdrawn their previous objection, and together with the Council's Environmental Protection Section raise no further objection, subject to the impostion of appropriate conditions. In summary, the site is considered to be acceptable for the type of development proposed. The affordable housing units should be secured by way of a planning condition to ensure that they are built. On this basis the proposal would conform with Development Plan policy. RECOMMENDATION:CONDITIONS:- APPROVE, SUBJECT TO THE FOLLOWING 2) These reserved matters shall relate to the siting, design, external appearance and landscaping of the proposed development and this condition shall apply notwithstanding any indication as to these matters which have been given in the current application. 3) This permission is granted in accordance with the amended plans received by the Local Planning Authority on 7 January 2008, unless otherwise first agreed in writing by the Local Planning Authority. 4) Two of the six dwellings hereby permitted shall be occupied solely as affordable housing to meet local needs in accordance with details which have been submitted to and approved in writing by the Local Planning Authority prior to first occupation. Thereafter the two dwellings shall be occupied in accordance with the approved details. 5) The two affordable units hereby permitted shall be constructed and made available for occupation in accordance with the requirements of condition 4 above prior to any of the four market houses hereby permitted being occupied. 6) The reserved matters submitted pursuant to this outline permission shall provide for Type 6 Mews Area road type, as specified in the Norfolk Residential Design Guide, to the satisfaction of the Local Planning Authority, in consultation with the Highway Authority. 7) Prior to the commencement of the development hereby permitted full details (in the form of scaled plans and/or written specifications) shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority to illustrate the following: Access arrangements. Parking provision in accordance with adopted standard. 8) Prior to the commencement of development, an investigation and assessment into the presence of possible contaminants affecting the site shall be carried out in accordance with details which shall have first been agreed in consultation with the Local Planning Authority. The findings of the assessment shall then be submitted to Development Control Committee (West) 39 28 February 2008 the Local Planning Authority in writing. Unless otherwise agreed in writing by the Local Planning Authority, no development shall take place on those areas of the site which have been identified as potentially containing contaminants until a scheme to protect the exposure of future users of the site from hazards associated with the contaminants has firstly been agreed in writing by the Local Planning Authority, and secondly implemented in full. REASONS:2) The application is submitted in outline form only and the details required are pursuant to the provisions of Article 3(1) to the Town and Country Planning (General Development Procedure) Order 1995. 3) To ensure the satisfactory layout and appearance of the development in accordance with Policy 13 of the adopted North Norfolk Local Plan. 4) Upper Sheringham is a selected small village within which development proposals for more than four dwellings may be permitted provided that all the excess dwellings are for affordable housing, in accordance with the requirements of Policy 58 of the adopted North Norfolk Local Plan. The condition is therefore required to ensure compliance with the above policy. 5) To ensure that the affordable units are constructed and occupied in accordance with Policy 58 of the adopted North Norfolk Local Plan. 6) To ensure the safe access to and within the development, and provision for pedestrians and cyclists, in accordance with Policy 147 of the adopted North Norfolk Local Plan. 7) To ensure that the development is as sustainable as possible, and in accordance with Policy 147 of the adopted North Norfolk Local Plan. 8) In the interests of public health and safety, and in accordance with Policy 16 of the adopted North Norfolk Local Plan. 12. UPPER SHERINGHAM - 20071934 - Erection of garage and alterations to access; Blowlands Sheringham Road for Mr A Buckingham Target Date :05 Feb 2008 Case Officer :Miss J Medler (Full Planning Permission) CONSTRAINTS Residential Selected Small Village Conservation Area THE APPLICATION Is for the erection of a detached single garage and alterations to the access. The garage would be located in the front garden approximately 3m from the southern corner of the existing dwelling. The garage measures approximately 2.5m x 5m and 3m to the ridge. The access would be repositioned to a more central position on the site. REASON FOR REFERRAL TO COMMITTEE The application was deferred at the last meeting in order for the Committee to carry out a site visit. Development Control Committee (West) 40 28 February 2008 PARISH COUNCIL Support the application with the following conditions:1. That the garage is moved back to the front building line of the bungalow. 2. The painting be toned down so as to blend in with the surrounding area. 3. All relevant County Council highway specifications are met in full with regard to the access to the property. REPRESENTATIONS One letter of objection has been received from a local resident raising the following points: 1. The proposed garage is forward of the existing Blowlands building line. 2. Most garages to properties in the village are to the side or set back from the building line. 3. There are several sites for the garage which will not encroach on the building line. 4. The ground level of the neighbour’s garden is higher than the site, close excavation will mean the soil will collapse unless a retaining wall is built. 5. If the hedge is removed would want to see replaced with a close boarded fence to match existing fencing at Blowlands. 6. A painted and rendered finish is out of keeping with the properties on either side and with the village properties in general. CONSULTATIONS Sheringham Town Council - No objection. County Council (Highways) - No objection to the granting of permission subject to the access being constructed in accordance with the Norfolk County Council residential access construction specification and the satisfactory re-instatement of the kerbing adjoining the carriageway edge. In addition the frontage fencing indicated on the proposals plan should not encroach onto highway land, and conditions regarding the existing access being permanently closed, access and parking in accordance with approved plans, submission of a scheme regarding adequate drainage measures. Environmental Health - Awaiting comments. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 6: Residential Areas (areas primarily for residential purposes). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 42: Development in Conservation Areas (developments should preserve or enhance character). Policy 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). Development Control Committee (West) 41 28 February 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 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). MAIN ISSUES FOR CONSIDERATION 1. Visual Impact. 2. Impact on Conservation Area. 3. Impact on neighbouring properties. 4. 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 Upper Sheringham where there is a mixture of bungalows and houses. There are no other neighbouring dwellings along this road which have garages located to the front the properties. However, the garage would be set back into the site in close proximity to the dwelling and due to its siting, small scale and hipped roof it is not considered that it would be unduly prominent. It is therefore considered that the proposed garage would have minimal visual impact upon the area and would preserve the character of the Conservation Area. Furthermore, it is considered that the relationship with the neighbouring dwelling to the south would be acceptable due to the difference in ground levels, hedging to the boundary and the hipped roof. It is not considered that the proposal would have a significant detrimental impact on the privacy or amenities of the neighbouring property. The Committee will note that the Highway Authority has raised no objection to the garage or access alterations subject to the imposition of conditions. It is not therefore considered that the proposal would have a significant detrimental impact on highway safety. It is considered that the garage and access alterations are acceptable and that the proposal accords with Development Plan policy. RECOMMENDATION:CONDITIONS:- APPROVE, SUBJECT TO THE FOLLOWING 2) No development shall be commenced until a sample of the proposed roof material and external colour finish of the render to the proposed garage has been submitted to and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details. 3) Within three months of the date of any permission being granted the vehicular access shall be constructed in accordance with the Norfolk County Council residential access construction specification for the first 4.5m into the site as measured back from the near edge of the adjacent carriageway. Development Control Committee (West) 42 28 February 2008 4) Vehicular access to and egress from the adjoining highway shall be limited to the access shown on the submitted location plan only. The existing means of access to the site shall be permanently closed and the highway verge shall be reinstated in accordance with a detailed scheme to be agreed with the Local Planning Authority in consultation with the Highway Authority, concurrently with the bringing into use of the new access. 5) Within three months of the date of any permission being granted the proposed access and on-site parking area shall be laid out, demarcated, levelled and surfaced in accordance with the approved plan and retained thereafter available for that specific use. 6) The access hereby permitted shall be constructed with drainage measures to prevent surface water run-off onto the adjacent public highway, in accordance with a detailed scheme to be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. REASONS:2) In order for the appearance of the approved development to merge satisfactorily with its surroundings, in accordance with Policy 13 of the adopted North Norfolk Local Plan. 3) To ensure satisfactory access into the site, in accordance with Policy 147 of the adopted North Norfolk Local Plan. 4) To ensure safe access to the site in accordance with Policy 147 of the adopted North Norfolk Local Plan. 5) To ensure the permanent availability of the parking and manoeuvring area, in the interests of highway safety, and in accordance with Policy 147 of the adopted North Norfolk Local Plan. 6) To ensure safe access to the site in accordance with Policy 147 of the adopted North Norfolk Local Plan. 13. APPLICATIONS RECOMMENDED FOR A SITE INSPECTION The following planning applications are recommended by officers for a site inspection by the Committee prior to the consideration of a full report at the next meeting. As these applications 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 applications are discussed. WALSINGHAM – 20080050 – Change of use and conversion from hostel/café/chapel to C1 (Religious Retreat), including construction of covered walkway, new shopfront, additional dormer windows, Bell Cotte and fenestrational changes; 47, 47A and 49 High Street, Walsingham for Mr P Hoye 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, Walsingham for Mr P Hoye REASON FOR REFERRAL TO COMMITTEE It has been requested by Councillor T Moore that an early site visit is carried out by the Committee on the above planning and listed building consent applications in view of car parking issues. Development Control Committee (West) 43 28 February 2008 WIGHTON – 20080021 – Erection of water treatment buildings; Wighton WTW Wells Road for Anglian Water Services Limited REASON FOR REFERRAL TO COMMITTEE It has been requested by Councillor T Moore that an early site visit is carried out by the Committee on the above planning application in view of potential impact on the Area of Outstanding Natural Beauty. RECOMMENDATION The Committee is recommended to undertake site visits in the above cases. 14. APPLICATIONS APPROVED UNDER DELEGATED POWERS BACONSTHORPE - 20071912 - Erection of two-storey extension; Spurrells Pightle Long Lane for Mr and Mrs R Harrod (Full Planning Permission) BEESTON REGIS - 20071473 - Erection of two-storey side extension, singlestorey rear extension and detached double garage; North Lodge Church Close West Runton for Mr and Mrs Hill (Full Planning Permission) BEESTON REGIS - 20071480 - Erection of single-storey extension to day and business centre; Hill Top Sheringwood for Hilltop Outdoor Centre (Full Planning Permission) BEESTON REGIS - 20071904 - Erection of first floor rear extension and re-siting of garage; The White House Church Close West Runton for Mr and Mrs D H Adamson (Full Planning Permission) BINHAM - 20071951 - Conversion of cartshed to one unit of holiday accommodation; Westgate Farm 91 Warham Road for Ms J Payne (Full Planning Permission) BLAKENEY - 20071858 - Revoke condition 3 of planning permission 821431 to enable use of premises for purposes within Use Class A2 by any person or persons; 91 High Street for Mr M Sowerby (Full Planning Permission) BLAKENEY - 20071961 - Erection of bin store with balcony above and installation of replacement windows; Counting House Mariners Hill for Mr and Mrs S Lambert (Alteration to Listed Building) BRINTON - 20071994 - Retention of blocked-up entrance door; Daubeney Hall Farm Lower Hall Lane Sharrington for Mr M Burkitt (Alteration to Listed Building) CLEY-NEXT-THE-SEA - 20071433 - Erection of first floor rear extension with windowless 'dormers' to provide accommodation in roofspace; Lime Tree House High Street for Mr L Kingsbury (Full Planning Permission) Development Control Committee (West) 44 28 February 2008 CLEY-NEXT-THE-SEA - 20072000 - Erection of two-storey extension; Swan Lodge Cley Road Holt for Mr and Mrs T Ambler (Full Planning Permission) CORPUSTY - 20071847 - Erection of two-storey dwelling (revised siting); Horseshoe Corner The Street for Ms D Lawrence (Full Planning Permission) FAKENHAM - 20071980 - Construction of dormer windows to front roofslope (amendment to design of dwelling approved under planning permission reference 20070305); plot 6 Gladstone Road for Mr and Mrs T C Cox (Full Planning Permission) FAKENHAM - 20071199 - Erection of single-storey extension to provide residential annexe; Apple Tree Cottage 143a Holt Road for Mr J Punchard (Full Planning Permission) FULMODESTON - 20071750 - Change of use of barn from agricultural to B8 (storage); Clipstone Farm Clipstone for Ralph Harrison Partners (Full Planning Permission) FULMODESTON - 20071887 - Retention of swimming pool enclosure, boundary wall and garden shed; Big Barn Old Hall Farm The Street Barney for Mr R Armstrong (Full Planning Permission) FULMODESTON - 20071888 - Retention of boundary wall; Big Barn Old Hall Farm The Street Barney for Mr R Armstrong (Alteration to Listed Building) FULMODESTON - 20071940 - Erection of two-storey extension and garden room; Old Vicarage 97 The Street Barney for Brigadier and Mrs Heywood (Full Planning Permission) GREAT SNORING - 20071943 - Removal of window and installation of door; 7 The Sheltons Barsham Road for Mr and Mrs A Sparshott (Alteration to Listed Building) GREAT SNORING - 20071984 - Erection of conservatory; Coldblow House New Road for J A Cones and R G Hulbert (Full Planning Permission) HIGH KELLING - 20071986 - Erection of three-bay cart shed; The Croft Bridge Road for Mr K A Philpott (Full Planning Permission) HIGH KELLING - 20080002 - Erection of detached timber garden building; Bridge House Bridge Road for Mr and Mrs M Youngman (Full Planning Permission) HINDRINGHAM - 20071654 - Certificate of lawfulness for existing use of building as two bedroom residential dwelling; Birds Farm Cottage Walsingham Road for Mr and Mrs Hunt (Certificate of Lawfulness) Development Control Committee (West) 45 28 February 2008 HOLKHAM - 20071960 - Construction of ha ha wall; Model Farm Model Farm Road for Holkham Estate (Full Planning Permission) HOLT - 20071528 - Erection of four detached single-storey dwellings; Orchard Piece 8 Kelling Road for Character Homes Limited (Full Planning Permission) HOLT - 20071765 - Installation of replacement windows and staircase, blocking of doorway and internal alterations; 11 Pearsons Road for C P D Limited (Alteration to Listed Building) HOLT - 20071956 - Erection of first floor side extension; Reepers Cottage Cley Road for Mr and Mrs B Jones (Full Planning Permission) HOLT - 20071969 - Erection of single-storey extension; 3 Cherry Tree Close for Mr and Mrs Stickler (Full Planning Permission) KELLING - 20071999 - Construction of two dormer windows; Beach Cottage Meadow Lane for R Barrow and C Rawlings (Full Planning Permission) KETTLESTONE - 20071424 - Conversion of gallery to dwelling; The Old Barn 45 The Street for Mr N Curtis (Full Planning Permission) KETTLESTONE - 20071425 - Alterations to barn to facilitate conversion to dwelling; The Old Barn 45 The Street for Mr N Curtis (Alteration to Listed Building) LETHERINGSETT - 20071836 - Erection of single-storey rear extension; 6 Riverside Road for Ms Rose and Mr Hinks (Full Planning Permission) LETHERINGSETT - 20071837 - Demolition of conservatory and erection of single-storey rear extension; 6 Riverside Road for Ms Rose and Mr Hinks (Alteration to Listed Building) SHERINGHAM - 20071831 - Demolition of hall and erection of five three-storey terraced dwellings; 8-12 Waterbank Road for A G Brown (Builders) Limited (Full Planning Permission) SHERINGHAM - 20071835 - Erection of single-storey front extension; Crown Inn East Cliff for Enterprise Inns (Full Planning Permission) SHERINGHAM - 20071947 - Erection of one-and-a-half-storey dwelling; land at Campion Way for Mr and Mrs A Lethbridge (Full Planning Permission) SHERINGHAM - 20071954 - Erection of single-storey extension, dormer window and car port (revised roof design); 21 De Morley Garth for Mr and Mrs J Leonard (Full Planning Permission) Development Control Committee (West) 46 28 February 2008 STIFFKEY - 20071965 - Erection of single-storey rear extension; North side Bungalow 84 Wells Road for Mr J Griffin (Full Planning Permission) STODY - 20071845 - Erection of two-storey and single-storey rear extensions; Castle Hill Cottage The Green Hunworth for Ms J Marriott (Full Planning Permission) WALSINGHAM - 20071859 - Conversion of garage to flat; 34 Mount Pleasant for Mr S Kerr (Full Planning Permission) WALSINGHAM - 20071950 - Installation of rear rooflight; 5 Windmill Farm Folgate Lane for Ms F Pitcher (Full Planning Permission) WELLS-NEXT-THE-SEA - 20071898 - Change of use from A1 (retail)/residential to residential; 8 High Street for Mr and Mrs K Sisman (Full Planning Permission) WELLS-NEXT-THE-SEA - 20071899 - Internal alterations; 8 High Street for Mr and Mrs K Sisman (Alteration to Listed Building) WELLS-NEXT-THE-SEA - 20071952 - Erection of single-storey extension; Glenshee Burnt Street for Mr and Mrs P B Wyer (Full Planning Permission) WELLS-NEXT-THE-SEA - 20071973 - Erection of garden room and workshop; Belmont Cottage Burnt Street for Mrc C Abel (Full Planning Permission) WELLS-NEXT-THE-SEA - 20071974 - Erection of garden room and workshop; Belmont Cottage Burnt Street for Mrs C Abel (Alteration to Listed Building) WOOD NORTON - 20071918 - Erection of two-storey rear extension, singlestorey front extension and detached garage; 2 Church Road for Mr and Mrs R Wellard (Full Planning Permission) 15. APPLICATIONS REFUSED UNDER DELEGATED POWERS BLAKENEY - 20071857 - Installation of two replacement windows to front elevation; 112 High Street for Mrs A Haskins (Alteration to Listed Building) BLAKENEY - 20071997 - Erection of two-storey rear extension; Morgan Cottage 97 High Street for Mrs L Chapman (Full Planning Permission) BLAKENEY - 20071998 - Demolition of single-storey rear extension and erection of two-storey rear extension and internal alterations; Morgan Cottage 97 High Street for Mrs L Chapman (Alteration to Listed Building) Development Control Committee (West) 47 28 February 2008 BRISTON - 20071468 - Retention of storage shed; Emery Wood Craymere Road for Ms P Rowan (Full Planning Permission) FAKENHAM - 20071866 - Erection of two-storey dwelling and garage; plot adjacent 10 Sandy Lane for Ponyspeed Limited (Full Planning Permission) FULMODESTON - 20071959 - Erection of two-storey side extension; 11-13 Barney Road for Mr and Mrs M Taylor (Full Planning Permission) SALTHOUSE - 20071921 - Erection of two-storey dwelling and garage; Old House Grouts Lane for Mr and Mrs Lockyer (Full Planning Permission) SHERINGHAM - 20071944 - Erection of two-storey dwelling and detached garage; 1 Blyth Crescent for Kelling Construction Company (Outline Planning Permission) APPEALS SECTION 16. NEW APPEALS CLEY-NEXT-THE-SEA - 20070910 - Change of use to single-storey dwelling; The Store Post Office Lane for Mr A W Simmons WRITTEN REPRESENTATIONS FAKENHAM (SOUTH WARD) - 20071585 - Display of internally illuminated totem advertisement; former Rainbow Superstore Holt Road for Lidl UK Gmbh WRITTEN REPRESENTATIONS HINDOLVESTON - 20070789 - Erection of two-storey dwelling and garage; Homely Acre 61 The Street for Mr and Mrs D Self WRITTEN REPRESENTATIONS RYBURGH (GREAT WARD) - 20071062 - Erection of two-storey dwelling and garage; land south of 91 Fakenham Road for Mr M Davenport WRITTEN REPRESENTATIONS 17. 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 - 20061674 - Erection of two-storey dwelling; The Garages The Fairstead for Mr and Mrs S W Tart INFORMAL HEARING 22 Jan 2008 CLEY-NEXT-THE-SEA - 20070134 - Erection of two-storey dwelling; The Garages The Fairstead for Mr and Mrs S W Tart INFORMAL HEARING 22 Jan 2008 Development Control Committee (West) 48 28 February 2008 CLEY-NEXT-THE-SEA - 20070922 - Demolition of summerhouse and erection of annexe; Umgeni Coast Road for Lady Rathcavan PUBLIC INQUIRY SHERINGHAM (NORTH WARD) - 20030991 - Demolition of buildings, including dwellings, and erection of A1 retail foodstore with associated access, car parking, servicing and landscaping; land at Cromer Road for Tesco Stores Limited PUBLIC INQUIRY SHERINGHAM (NORTH WARD) - 20070217 - Demolition of buildings, including dwellings, and erection of A1 retail foodstore with associated access, car parking & servicing and provision of footpath link to station road; land at Cromer Road for Tesco Stores Limited PUBLIC INQUIRY 18. WRITTEN REPRESENTATIONS APPEALS - PROGRESS EDGEFIELD - 20070871 - Erection of two-storey dwelling; land at Green Farm Norwich Road for Mr D Sands SITE VISIT :- 25 Feb 2008 19. APPEAL DECISIONS MATLASKE - 20061840 - Conversion of former forge to ancillary residential accommodation; The Forge The Street for Mr and Mrs Kokelaar APPEAL DECISION :- DISMISSED STIBBARD - 20070195 - Demolition of conservatory and garage and erection of replacement extension; Moor End House Moor End Road for Mr and Mrs Pierce-Roberts APPEAL DECISION :- DISMISSED PUBLIC BUSINESS - ITEM FOR DECISION 20. SHERINGHAM CONSERVATION MANAGEMENT PROPOSALS AREA: CHARACTER APPRAISAL AND Agreement is sought for the draft Conservation Area Character Appraisal and Management Proposals for Sheringham to be approved for public consultation purposes. 1 Background 1.1 Conservation Area Character Appraisals and Management Plans Conservation areas are designated under the provision of Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990. A conservation area is defined as ‘an area of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance’. Development Control Committee (West) 49 28 February 2008 Section 71 of the same Act requires local planning authorities to formulate and publish proposals for the preservation and enhancement of these conservation areas. Section 72 also specifies that, in making a decision on an application for development within a conservation area, special attention must be paid to the desirability of preserving or enhancing the character or appearance of that area. The Government’s Best Value Performance Indicator (BVPI) 219 measures the number of conservation areas in a district with an up-to-date character appraisal. In response to these statutory requirements, this appraisal document defines and records the special architectural and historic interest of the conservation area and identifies opportunities for enhancement. The appraisal conforms to English Heritage guidance as set out in Guidance on conservation area appraisals (February 2006) and Guidance on the management of conservation areas (February 2006). Additional government guidance regarding the management of historic buildings and conservation areas is set out within Planning Policy Guidance Note 15: Planning and the Historic Environment (PPG15). Government advice on archaeology is set out in Planning Policy Guidance Note 16: Archaeology (PPG16). 1.2 Purpose This document therefore seeks to: • Define the special interest of the conservation area and identify the issues which threaten the special qualities of the conservation area (Part 1: Character Appraisal) • Provide guidelines to prevent erosion of character and achieve enhancement (Part 2: Management Proposals). Note: A copy of the draft Sheringham Conservation Area Character Appraisal and Management Plan is available for inspection in the Members Room. 2 Assessment of the Sheringham Conservation Area The format of the appraisal includes the planning policy context, a summary and assessment of the area’s special interest including location and setting, historic development and archaeology, layout and planform, architectural and townscape character, spatial analysis and key views, character analysis including the qualities of buildings, prevailing uses and the contribution of green spaces and suggested boundary changes. However, it must be noted that no character appraisal can ever be completely comprehensive and omission of any particular building, feature or space should not be taken to imply that it is of no interest. The central part of Sheringham was designated a conservation area by North Norfolk District Council on 16 June 1975. This includes the seafront and historic core of the town, residential streets to the east as far as The Driftway, two of the main commercial streets, High Street and Church Street, and the adjoining St Peter’s Road and Waterbank Road. The central part of the conservation area extends inland as far as Co-operative Street, with a narrow projection to the south-east, along the line of Beeston Road. Development Control Committee (West) 50 28 February 2008 Following a request from the Town Council in 1995, the conservation area was extended to include Station Approach, the only remaining commercial road until then left outside the area, together with the late 19th - early 20th century development around the Boulevard to the west, and part of the Esplanade. To the east, parts of Cliff Road and The Avenue were also incorporated. This helped provide some protection for prominent buildings such as the Burlington Hotel, the railway station and the Town Council offices. In 1999, the District Council commissioned a report on the conservation area, which concluded that the area had suffered serious erosion of character, and that consideration should be given to removing conservation area status. The only part of the town which might, it was argued, benefit from being a Conservation Area were the streets between Church Street and Station Approach. The recommendations of the report were not adopted, and in October 2006, as part of a national governmentled reappraisal of conservation areas, the present report was commissioned. It concludes the following key characteristics and key issues: Key characteristics • • • • • • • • • The role of the sea and the fishing industry in determining the town’s pattern of development. Substantial late 19th - 20th century development as a result of the town’s role as a holiday resort. Conservation area bordered on the south side by the A149 coast road and later suburban development. Landscape setting: raised ground each side of the town - Skelding Hill and Beeston Hill. An historic core centred around the seafront, including High St, Beach Rd and Wyndham Street. The main commercial streets, High Street and Station Road running in a linear north-south direction dividing the conservation area. Residential areas comprising mostly small to medium sized terraced houses on the east and west sides of the conservation area. Late Victorian/Edwardian “garden suburb” around the Boulevard on the west side. Strong tradition of building in brick and flint cobbles, continuing to the end of the 19th century. Key issues • • • • • • • • • Need to review the Conservation Area boundary. Negative impact of traffic and parked cars within the town centre, including road markings. Indifferent quality of street furniture. Need to improve public parks, open spaces and gardens. Poor appearance of Promenade. Permitted development resulting in the loss of architectural detail and boundary treatments. Permitted but detrimental alterations and extensions. Poor quality of design for new developments. Unattractive entranceway into Station Road from the A149. Need to adopt a list of Buildings of Local Interest Development Control Committee (West) 51 28 February 2008 Management Proposals • • • • • Review of the Conservation Area boundary Encourage enhancement in the public realm as identified Protect identified areas through Article 4(2) directions Adopt a list of Buildings of Local Interest Engage with other agencies to minimise negative impact of traffic and parked cars 3 Conclusion Its landscape setting on the clifftop between Skelding Hill and Beeston Hill, the high quality Victorian and Edwardian residential developments, its historic importance as a fishing and sea trade village and a 19th and 20th century holiday resort all give the Sheringham Conservation Area a distinct character. To preserve and enhance this special character is the main aim of the character appraisal and management proposals. 4 Timetable for public consultation and formal adoption The six weeks public consultation period will be carried out during May and June 2008. This will include a public exhibition, meeting and distribution of leaflets to all addresses in the Sheringham Conservation Area. It is anticipated that an amended document will be brought to Committee for final adoption in autumn 2008. 5 Recommendations • That the Draft Character Appraisal and Management Plan incorporating proposed boundary changes and Article 4(2) directions outlined in the body of this report be approved for public consultation purposes. • That following consultation, the amended Sheringham Conservation Area Character Appraisal and Management Proposals be brought back before Committee for final adoption. 6 Budgetary Implications There are no budgetary implications at this stage. Adoption of some of the Management Proposals may have financial implications and these will be assessed as part of the adoption report to be prepared for the Committee following the public consultation period. Source: (Franziska Callaghan, Extn 6367 – File Reference: Sheringham Committee report pre-consultation) Development Control Committee (West) 52 28 February 2008 PUBLIC BUSINESS - ITEM FOR DECISION 21. WELLS-NEXT-THE-SEA CONSERVATION AREA: CHARACTER APPRAISAL AND MANAGEMENT PROPOSALS Agreement is sought for the draft Conservation Area Character Appraisal and Management Proposals for Wells to be approved for public consultation purposes. 1 Background 1.1 Conservation Area Character Appraisals and Management Plans Conservation areas are designated under the provision of Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990. A conservation area is defined as ‘an area of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance’. Section 71 of the same Act requires local planning authorities to formulate and publish proposals for the preservation and enhancement of these conservation areas. Section 72 also specifies that, in making a decision on an application for development within a conservation area, special attention must be paid to the desirability of preserving or enhancing the character or appearance of that area. The Government’s Best Value Performance Indicator (BVPI) 219 measures the number of conservation areas in a district with an up-to-date character appraisal. In response to these statutory requirements, this appraisal document defines and records the special architectural and historic interest of the conservation area and identifies opportunities for enhancement. The appraisal conforms to English Heritage guidance as set out in Guidance on conservation area appraisals (February 2006) and Guidance on the management of conservation areas (February 2006). Additional government guidance regarding the management of historic buildings and conservation areas is set out within Planning Policy Guidance Note 15: Planning and the Historic Environment (PPG15). Government advice on archaeology is set out in Planning Policy Guidance Note 16: Archaeology (PPG16). 1.2 Purpose This document therefore seeks to: • Define the special interest of the conservation area and identify the issues which threaten the special qualities of the conservation area (Part 1: Character Appraisal) • Provide guidelines to prevent erosion of character and achieve enhancement (Part 2: Management Proposals). Note: A copy of the draft Wells Conservation Area Character Appraisal and Management Plan is available for inspection in the Members Room. 2 Assessment of the Wells Conservation Area The format of the appraisal includes the planning policy context, a summary and assessment of the area’s special interest including location and setting, historic development and archaeology, layout and planform, architectural and townscape Development Control Committee (West) 53 28 February 2008 character, spatial analysis and key views, character analysis including the qualities of buildings, prevailing uses and the contribution of green spaces and suggested boundary changes. However, it must be noted that no character appraisal can ever be completely comprehensive and omission of any particular building, feature or space should not be taken to imply that it is of no interest. The Wells Conservation Area was designated by North Norfolk District Council on 6 June 1974. Wells-next-the-Sea has developed around its harbour and the beauty of its natural setting, with wide views of the marshes, sandbanks and creeks, strongly influences how the town is experienced by the visitor and resident alike. Its history as an important port has left an industrial flavour to some of its buildings around the Quay which is unusual in the county. The movements of the tides, boats, skies, and wildlife as well as the crowds of visitors in the summer create a lively dynamic in this part of the town. In contrast, behind the Quay, a quieter country town has developed, characterised by enclosed spaces, and narrow alleyways. The town has 186 listed building entries (several of these individual entries include a number of buildings, so that the total number is significantly more) and a number of other buildings of local architectural or historical significance. Key characteristics • • • • • • • • The setting of the conservation area bordering the outstanding natural landscape of the creek and marshes The Quay and Yards as a key feature of the conservation area in terms of plan form and activity, contrasting with the quiet rural market town behind The unusually high retention of historic shop fronts along Staithe Street and the High Street The separate character area of the Buttlands in terms of form and architectural style Great diversity of building types, dates and architectural styles throughout the residential areas Extensive network of alleyways and yards, and high boundary walls formed from flint and brick, creating confined, enclosed spaces The Old Staithe as a remnant of the original centre of the settlement The predominance of Holm Oaks. Key issues • • • • • • • • • • • Permitted development resulting in loss of architectural details, boundary treatment and detrimental alterations and extensions Unsympathetic alterations to listed buildings Lack of coordination and maintenance of the ‘public realm’ Poor ground surface treatment in the public realm Lack of traffic management and car parking Siting and design of new development Inappropriate 20th century infill Deterioration of upper floors above shops on Staithe Street Need to adopt a list of Buildings of Local Interest Need for a survey to update the list of buildings of special architectural or historic interest Need to review the conservation area boundary Development Control Committee (West) 54 28 February 2008 Management proposals • • • • • • Review of the conservation area boundary Commission Survey to update the list of buildings of special architectural or historic interest Adopt a list of Buildings of Local Interest Protect identified areas through Article 4(2) directions Engage with other agencies to promote the management of traffic and car parking problems Encourage enhancement in the public realm as identified 3 Conclusion The many historic buildings of interest, the beauty of the conservation area’s natural setting and the harbour, the vibrant Quay area with its large scale industrial buildings and harbour area, and the quieter rural market town area which forms its hinterland, all give the Wells Conservation Area a distinct character. To preserve and enhance this special character is the main aim of the character appraisal and management proposals. 4 Timetable for public consultation and formal adoption The six weeks public consultation period will be carried out during May and June 2008. This will include a public exhibition, meeting and distribution of leaflets to all addresses in the Wells Conservation Area. It is anticipated that an amended document will be brought to Committee for final adoption in autumn 2008. 5 Recommendations • That the Draft Character Appraisal and Management Plan incorporating proposed boundary changes and Article 4(2) directions outlined in the body of this report be approved for public consultation purposes. • That following consultation, the amended Wells Conservation Area Character Appraisal and Management Proposals be brought back before Committee for final adoption. 6 Budgetary Implications There are no budgetary implications at this stage. Adoption of some of the Management Proposals may have financial implications and these will be assessed as part of the adoption report to be prepared for the Committee following the public consultation period. Source: (Franziska Callaghan, Extn 6367 – File Reference: Wells Committee report preconsultation) Development Control Committee (West) 55 28 February 2008