OFFICERS’ REPORTS TO DEVELOPMENT CONTROL COMMITTEE (WEST) – 31 JANUARY 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 (COMBINED COMMITTEE) 1. HOLT - 20050518 – Change of use of land to car and coach park, formation of access and erection of toilet block; land adjacent to Thornage Road for Mr G F Chapman To consider a planning application for the change of use of land to car park and coach park and associated development. Background This application was first considered by the Development Control Committee (West) on 28 April 2005 when it was deferred in order to allow Officers to negotiate:a reduction in the number of car parking spaces; increased landscaping; the formation of a right hand turning lane, together with speed reduction; and surfacing, lighting and a possible relocation of the access. The application was again considered by the Development Control Committee (West) on 26 May 2005 when the following were reported: the toilet block and coach parking had been deleted; the number of car parking spaces had been reduced from 458 to 382; the amount of landscaping had been increased; and re-design and relocation of the access to a standard required in a 30mph speed limit. Officers recommended that the application be refused on the basis of detriment to the character and appearance of the landscape and Conservation Area, highway safety grounds, and lack of detail on surfacing, lighting, levels, drainage, insufficient landscaping and associated policy grounds. The Committee resolved to refer the application to the Joint Development Control Committee with a recommendation of delegated approval by reason that it was generally accepted that there is a need for additional car parking in Holt, this need being identified through the preparation of the Whole Settlement Strategy and a Commercial Leisure Study by DTZ Pieda Consultants. A Working Party had also considered various options for sites in and around the town. At the meeting on 9 June 2005 the Joint Development Control Committee resolved to inform the Highway Authority that the decision to approve the car park had been made and to seek its agreement to a 30mph speed limit. The Committee also resolved to give the Head of Planning and Building Control delegated authority to approve the application with the access in its amended position, subject to further details being agreed including right-turning lane, Valley Lane pedestrian improvements, the provision of up to 4 coach parking spaces and details of levels, landscaping, lighting, surfacing; and subject to the agreement of local Members. Development Control Committee (West) 1 31 January 2008 The matter was referred back to the Joint Development Control Committee on 19 January 2006 when it was reported that Norfolk County Council had declined the District Council’s request to introduce a 30mph speed limit, and the applicant had decided to seek permission for the formation of the access based on a 50mph limit, which would be supported by the Highway Authority. The Committee accepted the applicant’s request to seek a 50mph speed restriction in place of the 30mph speed restriction previously sought and resolved that the Head of Planning and Building Control be authorised to approve the application subject to: the receipt of amended plans providing for a right turn lane; no new grounds of objection being received following re-advertisement and reconsultation on the amended plans; off-site highway improvements to Valley Lane (pedestrian safety works) being agreed; provision of 4 coach parking spaces; details of levels, lighting and landscaping; the submission of surface water drainage details; and the imposition of appropriate conditions, to include drainage and pollution controls. At the meeting of the Development Control Committee (West) on 3 January 2008 it was reported that amended plans had been received from the applicant’s agent which included:details of the right hand turn lane; the provision of 395 car parking spaces including 20 disabled spaces; the provision of 5 coach parking spaces; the introduction of a toilet block; an increase in the site area from 1.6 hectare to 2.0 hectare to allow increased landscaping to the south-eastern and western boundaries; outline details in respect of drainage, lighting and highway improvements to Valley Lane. On 2 January 2008 a revised set of plans were received showing the previous revisions referred to and detailed sections across the site and deleting a reference to an overflow car park. Full reconsultation and readvertisement has been carried out on those plans. Given the lapse of time since the previous meeting of the Joint Development Control Committee and the fact that some Members may not be familiar with the site, it was recommended that Members of both the East and West Committees visit the site prior to a report being presented to the Combined Development Control Committee. Copies of the reports referred to are attached as Appendix 1. Updates Following readvertisement and reconsultation on the amended plans received on 8 November 2007 and 2 January 2008 the following responses have been received:TOWN COUNCIL (amended plans 02 /01/08) No objection subject to appropriate screening including trees. THORNAGE PARISH COUNCIL (amended plans 02 /01/08) Objects to the application on the following grounds, (summarised):1) No evidence put forward to suggest that a car park of this size is required. 2) Could not Gresham’s pre-prep school car park be utilised during busy periods outside term time. Development Control Committee (West) 2 31 January 2008 3) Car park would detract from the amenity and character of the area which is listed as an Area of Outstanding Natural Beauty and conservation area. 4) Would result in urban sprawl. 5) Use of “Greenfield” site runs contrary to Environment Agency’s guidelines, no evidence that other Brownfield sites have been considered. 6) Creation of car park at odds with North Norfolk Local Development Framework Core Strategy – not a sustainable form of development. 7) Concerns regarding unspecified area of overflow car parking. 8) Concerns regarding increased traffic along B1110, resulting in increased volumes of traffic, and danger to road users. 9) No traffic analysis has been undertaken. 10) Additional lighting will have a significant effect on the environment and wildlife. CONSULTATIONS County Council (Highways) – Whilst raising no objection to the off-site highways improvement works and the surfacing of the car park, in view of the concerns raised by local residents and the need for the Local Planning Authority to undertake a fresh Screening Opinion the Highway Authority were asked for further comments in respect of the need for a Transport Assessment. Their e-mail response is attached as Appendix 1. Members will note that if this was a new application the Highway Authority would require a Transport Assessment. Environment Agency - Objects to the application on the basis that since their previous comments in 2005 new flood risk policies have been published, with Planning Policy Statement 25 (PPS25). This requires that any additional surface water generated by developments over 1ha in size is managed without both on-site and off-site flood risk. In order to overcome their objection a detailed design for the drainage system is required. Norfolk Wildlife Trust – No objection in principle subject to there being no adverse impact from run-off associated with the car park onto the Spout Hills County Wildlife Site, that lighting does not adversely affect wildlife and that there is additional buffering on the edge of the site adjacent to the former railway line which provides a valuable corridor for wildlife. Strategic Director (Communities) – Has been consulted in respect of the issue of alternative sites which may have been considered previously by the Council’s Car Park Working Party. Comments awaited. Natural England – No objection. Environmental Health - (amended plans 02 /01/08) No objection subject to the imposition of conditions relating to hours of use and lighting. English Heritage - (amended plans 02 /01/08) No comments. Conservation, Design and Landscape Manager (Conservation) (amended plans 02 /01/08) – Objects to the application for the following reasons:The latest amended plans which reduce the scheme by omission of the access for occasional over flow car parking into the adjacent field can only be welcomed as a means of reducing the impact of the development. However, the scale and position of the proposed car park, together with associated lighting, hard surfacing, toilet block and parking meters will not sit comfortably in the surrounding rural landscape and will have a detrimental effect on the Holt Conservation Area. Development Control Committee (West) 3 31 January 2008 In addition the relationship of the scheme to the adjacent dwellings and access onto Valley Lane has not been well addressed. For these reasons the view remains that the development would not preserve or enhance the Glaven Valley Conservation area or the setting of the Holt Conservation Area. Conservation, Design and Landscape Manager (Landscape) (amended plans 02/01/08) – Objects to the application for the following reasons:Following the receipt of amended plans and having been in discussion with the agent (re planting) it is still felt that the impact on the landscape would be significantly detrimental and will not preserve or enhance the appearance of the Conservation Area, and is therefore contrary to Policy 42 of the Local Plan and Policy EN8 of the forthcoming Core Strategy Document. Further concerns relate to the impact on Spout Hills County Wildlife Site and adherence of the scheme to PPS9. Main concerns relate to:Major alterations to the site levels and visual impact on the Conservation Area. Impact on drainage (current and proposed) and effect on Spout Hills CWS. Impact on the disused railway embankment and wildlife corridor. The re-grading of the site, resulting in a ground level around the 60m. contour, will result in a 3m fill at the north-eastern corner. Even with the proposed landscaping belt, the toilet block and car parking will be extremely visible from the Thornage Road (from both directions) and from Valley Lane, being well above the existing hedge line. The removal of the proposed Coach and Disabled parking and replacement with further landscaping may limit the effect, but the result is likely to look out of character in the area. In addition to this, the excavation of ground to the south-western end of the car park and proposed bund, will look severely out of place. The excavation of ground and proposed planting would help screen the car parking from the Thornage direction, but the earth bund will create an artificial landform in the landscape, drawing the eye to the feature. In my opinion a split level site would help alleviate some of these concerns, reducing the need for such a large scale earthworks operation. The result of the earthworks on the drainage and the surface water runoff is currently unknown. The north-eastern corner of the site forms part of a natural valley leading to Spout Hills which is a County Wildlife Site. The site is characterised by springs seeping from the valley sides feeding into a small stream which flows into the River Glaven, fen meadows (with common spotted orchid and southern marsh orchid) and drier grassland. It is possible that the earthworks and changes to the natural drainage pattern could permanently alter the natural dynamics of the water system effecting the springs to Spout Hills and the fen meadows. There is no evidence that the proposed drainage and soakaways will be adequate, or that the ground will be permeable enough (and if permeable at what rate) to accommodate the soakaways. Would a Sustainable Urban Drainage System be more appropriate in this situation? Further concerns result from the impact of the proposed earthworks on the disused railway course embankment. This is not illustrated on the plans so the relationship between the sites is not clear. If the embankment were to become destabilised or the vegetation lost or affected, the result would be detrimental to the local biodiversity of the site. Disused railways are important ecological features in the landscape and provide important linear habitats for a variety of species (including protected species). Further information on the site boundary and affect on the disused railway would be beneficial to determine any impact. Development Control Committee (West) 4 31 January 2008 Overall the scheme lacks adequate preliminary site investigation information, such as topographical and geomorphological surveys and ground and surface water information (including the depth of the water table, zone of saturation and surface water runoff). Without this information can the applicant be sure that the proposed earth movements and drainage proposals will be adequate, practical or possible? The scheme lacks thought and character. It is clear that the scheme has been led by the availability of land to site a car park and not by the needs of the landscape in general, the mere act of planting a landscaping belt around the proposed car park will not eliminate the impact of the car park on the Conservation Area. I believe the true visual impact of the scheme would be evident if the applicant were to provide photo/drawn montages of before and after views of the area. REPRESENTATIONS Letter of objection from North Norfolk Environmental Forum which reiterates their previous comments that:1) The car park needs to be part of a long term solution with the suggested link road to the industrial estate along with more housing. 2) Alternatively there are other possible sites at Hempstead Road and Kerridge Way. 3) They also stress the importance of preserving this part of the Glaven Valley conservation area for wildlife and the pleasure of residents and visitors. Letter of objection from the Open Spaces Society who consider that:1) A car park and associated infrastructure in this location would urbanise what is part of an area of High Landscape Value. 2) The location is poorly related the town involving considerable walking. Letter of objection from CPRE attaching their previous letters of 18 April and 11 May 2005 together with the following additional concerns:1) Severe traffic disruption. 2) Holt will become primarily a centre for visitors and tourists. 3) The suggestion that the Council will support the car park infrastructure with public money; a copy of the letters is attached as Appendix …. Seven further letters of objection from the public which raise the following concerns (summarised):1) Increased congestion on the B1110. 2) Will adversely affect the follow of traffic on the A148. 3) Would seriously undermine and threaten the area of High Landscape Value. 4) Would ruin the vista from the Thornage Road across the Glaven Valley conservation area. 5) Increased light pollution. 6) The infrastructure of Holt cannot cope with the extra people the car park would generate. 7) There are alternative sites such as Cley Road or the expansion of the North Norfolk Railway car park. 8) Drainage from the site is likely to contaminate Spout Hills. 9) The proposal would be contrary to National, Regional and Local Planning Policy Statements and Guidance notes. 10) Application should require a formal Environmental Impact Assessment. 11) There would be a conflict in Valley Lane between pedestrians and parents dropping children at the school. 12) Proximity to school could result in child grooming/abduction. Development Control Committee (West) 5 31 January 2008 Two letters have been received from local resident of Thornage, which raise concerns regarding the lack of supporting information in respect of justifying the need, traffic management measures, drainage and lighting. The letters also point out the need to have regard to Regional Planning Guidance 6 and the Planning (Listed Buildings and Conservation Areas) Act 1990, together with the duty of the Local Planning Authority to undertake a fresh Screening Opinion as part of the Environmental Impact Assessment Regulations 1999. The most recent letter goes on to suggest that due to the lack of information there is the very real potential the application could be “called-in” or at worst be subject to a judicial review. Copies of the letters are attached as Appendix 1. Two letters of objection has been received from a resident of Thornage which suggests that the proposed car park is contrary to national and local policies, that the applicant has not justified the need for the proposed development and that no Environmental Impact Assessment has been carried out. In addition, the proposal is at odds with the Core Strategy of the proposed North Norfolk District Council Local Development Framework. Copies of the letters are attached as Appendix 1. One further letter of objection has been received from a resident of Holt which raises concerns regarding the proposed car park and identifies alternative sites for a car park, together with occupancy figures for the existing car parks in Holt; a copy of the letter is attached as Appendix 1. A letter of support has been received from the Holt and District Chamber of Commerce on the following grounds:1) The lack of car parking is putting off visitors and limiting the town’s expansion. 2) Parking in the town is a constant cause for congestion and other traffic hazards. If permission for the car park is granted parking in the town would be reduced which would further enhance its enjoyment. 3) The site is ideal for access as cars do not need to go through the town to reach the car park and therefore will significantly reduce traffic congestion. 4) With sympathetic landscaping and screening with trees and shrubs, the use of the car park need not significantly affect the appearance of the surrounding countryside. Sixty eight letters of support have been received from traders in the town which raise the following points (summarised):1) Inadequate car parking provision in the town has been a problem for a number of years. 2) Visitors unable to access the historic Georgian town centre do not return. 3) The lack of car parking has seriously affected the commercial viability of many Holt traders. 4) Being a non seasonal town car parking is a constant problem, for office worker, traders and visitors alike. 5) Due to the increase in the number of businesses within the town centre there is a need for additional car parking. 6) Planning permission for further developments within the town should not be granted without first addressing the car parking issues. 7) The location of the car park will provide a wonderful introduction to a previously little know aspect of the Glaven Valley. Safe and direct access will allow many areas to be explored. 8) All other options for car parking have been fully explored in the past. 9) The current proposal would take traffic away from the town centre and would not prejudice highway safety. 10) Holt is a key destination for North Norfolk and should be able to offer good provision for visitors to park. Development Control Committee (West) 6 31 January 2008 Nineteen further letters of support have been received which raise the following points (summarised):1) As a visitor to Holt we were unable to finds anywhere to park and eventually gave up. 2) The car park would help to reduce congestion in the town centre. 3) The lack of car parking affects the viability and vitality of the town. 4) People are choosing not to shop in Holt due to the lack of car parking. 5) The proposal is well related to the existing road network. 6) The application would not prejudice highway safety. Policies In respect of the Local Development Framework in additional to the Local Plan policies referred to in the previous reports attached as Appendix 1 for completeness the following additional policies as contained in the North Norfolk Core Strategy (Submission Document) should be referred to:Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). Policy SS4: Environment (strategic approach to environmental issues). Policy SS6: Access and infrastructure (strategic approach to access and infrastructure issues). Policy SS9: Holt (identifies strategic development requirements). Policy EN2: Protection and enhancement of landscape and settlement character (specifies criteria that proposals should have regard to, including the Landscape Character Assessment). Policy EN8: Protecting and enhancing the historic environment (prevents insensitive development and specifies requirements relating to designated assets and other valuable buildings). Policy EN9: Biodiversity and geology (requires no adverse impact on designated nature conservation sites). Policy CT5: The transport impact of new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). In addition Members should have regard to Regional Planning Guidance For East Anglia (RPG6) which requires that the natural environment should be conserved and enhanced and that the wider landscape should be protected for its own sake. (Policies 37 and 39). The relevant Regional Planning Guidance Policies and those within the Core Strategy cover the same issues as the saved Local Plan policies in respect of affect on landscape/natural environment/Conservation Area/transport. Key Policy Considerations 1. Acceptability of development in the Countryside policy area (Policy 5). 2. Visual appearance and impact on Conservation Area (Policies 5, 13, 18, 21, 42 and 151). 3. Highway safety concerns (Policies 147 and 151). 4. Residential amenity (Policy 13). Appraisal The site lies within the Countryside policy area, the Glaven Valley Conservation Area and is designated as part of an Area of High Landscape Value. It is prominent, with open views across it to the town beyond. It is currently laid to grass and used for grazing. Adopted policy generally presumes against large scale development in such areas. However Policy 5 (Countryside) allows for some forms of development, for Development Control Committee (West) 7 31 January 2008 example, community services and facilities that meet a proven need and transport proposals. Policy 151 (Car Parks) does not preclude new car parks in the countryside providing they do not have a significantly detrimental effect on the appearance or character of the area. The amended scheme would provide for 395 car parking spaces, including 20 disabled spaces, and 5 coach parking spaces on a site having a total area of approximately 2.0ha. The access off Thornage Road, would involve the widening of the existing carriageway to form a right hand turn lane into the site and subject to a Traffic Regulation Order the speed limit on the B1110 would be reduced from 60 mph to 50mph at this point. In order to provide a level surface to the car park a sectional drawing submitted as part of most recent amendments shows the ground level at the south-western end of the site being lowered by 1.5m and the resulting surplus soil used to infill the lower area of the site at the north eastern end, effectively raising the ground level at this point by 3.0m to a similar height as Valley Lane. To the northern boundary, adjacent to the former railway line, the earthworks would result in the ground level being lowered by 1.5m. It is proposed that any surplus soil resulting from the works be distributed along the western and south eastern boundaries to a height not exceeding 0.5m. In addition the amended scheme shows a 20m wide landscaping belt along the western and south eastern boundaries and a larger triangular area of planting in the southern corner of the site, with planting islands within the site. To the northern boundary a narrow strip of planting consist of a mix of trees and shrubs is proposed. The plans also show the provision of a toilet block and pay station close to the entrance of the site, together with some details in respect of drainage, lighting and highway improvements to Valley Lane. The provision of additional landscaping around the boundaries of the site would, in the long term, soften the visual impact of the proposal. However the raising of the ground level at the northern end of the site, even with the proposed planting belt, would result in the toilet block and car park being prominent in views from Thornage Road in both directions. A further area of concern is that of drainage. In addition to the Environment Agency’s objection the Conservation, Design and Landscape Manager has raised concerns that the now proposed significant earthworks could affect the natural drainage dynamics of the area where springs feed water to Spout Hill, a County Wildlife Site and fen meadows. In light of these concerns that applicant has been asked to provide a detailed design for the drainage system for the site, together with an opinion from a hydrologist as to the potential effects of the earthworks on the County Wildlife Site. At the time of writing a preliminary opinion based on a desk top study, undertaken by Atkins Limited, had been received which suggests that it is unlikely that the excavation would encounter the water table or impact on the rate of flow from the springs, but it is conceivable that the water quality of the springs could be affected by the construction process. In addition, the applicant’s agent has confirmed that in January 2006 during trial hole investigations to a depth of 3m, at 8 locations across the site, there was no indication of the presence of water and that the ground itself has excellent porosity. This information has been passed to the Conservation, Design and Landscape Manager for comment. Development Control Committee (West) 8 31 January 2008 With regard to lighting, although the amended plans show lighting to both the car park and adjacent highway there are no details in terms of the design or appearance of the lighting or levels of luminance. As such in order to be able to assess the likely visual impact of the car park lighting the applicant has been asked to provide precise luminaire details and luminance calculations. As far as highway safety is concerned, the Highway Authority has indicated that the amended plans showing a right hand turn land would comply with the criteria for a 50mph situation and that subject to the implementation of the necessary off-site highways improvements, it raises no objection to the proposal. However in the subsequent e-mail it points to the fact that since the publication of DCLG Guidance on Transport Assessments – March 2007 there is a requirement to undertake a Transport Assessment for car parks with more than 100 spaces. In terms of the introduction of pedestrian safety improvements to Valley Lane, although some details are on the amended plans in order to be able to assess fully their likely impact the applicant has been asked to submit a further detailed drawing showing the proposals. A Screening Opinion was undertaken in March 2005, when it was established that an Environmental Impact Assessment was not required. In view of the changes to the application, in particular the significant earthworks proposed and the lapse of time since the original Screening Opinion, Officers consider that a fresh Opinion should be carried out. However given the number of outstanding issues, it is considered that this cannot be undertaken until such a time that the additional information requested is available. The applicant has therefore agreed to an extension of time to allow the Local Planning Authority to complete a new Screening Opinion. As far as the impact of the development on residential amenity is concerned there are a relatively small number of properties that are sufficiently close to the site to be directly affected. Occupiers of two properties on the south side of Thornage Road (particularly Thornwood) and dwellings in Valley Lane would experience some loss of amenity. As Members are aware Officers previously recommended that the application be refused on the basis of detriment to the character and appearance of the landscape and Conservation Area, highway grounds, and lack of detail on surfacing, lighting, levels, drainage, insufficient landscaping and associated policy grounds. The Committee resolved to refer the application to the Joint Development Control Committee with a recommendation of delegated approval by reason that it was generally accepted that there is a need for additional car parking in Holt. This need being identified through the preparation of the Whole Settlement Strategy and a Commercial Leisure Study by DTZ Pieda Consultants. A Working Party had also considered various options for sites in and around the town. The previous concerns of Officers remain and the new policies contained within the Core Strategy Submission Document support these concerns. At the time of writing the report further information has been requested from the applicant’s agent in respect of drainage, lighting and highways works, (to Valley Lane), which will need to be the subject of re-advertisement and re-consultation. These are also necessary to enable another Screening Option to be given. Under these circumstances a detailed recommendation cannot be made at this stage and that the application should be deferred. Development Control Committee (West) 9 31 January 2008 RECOMMENDATION OF THE FORMER JOINT DEVELOPMENT CONTROL COMMITTEE:Accepted the applicant’s request to seek a 50mph speed restriction in place of the 30mph speed restriction previously sought and that the Head of Planning and Building Control be authorised to approve the application subject to: • the receipt of amended plans providing for a right turn lane; • no new grounds of objection being received following re-advertisement and re-consultation on the amended plans; • off-site highway improvements to Valley Lane (pedestrian safety works); • provision of four coach parking spaces; • details of levels, lighting and landscaping; • the submission of surface water drainage details; • and the imposition of appropriate conditions to include drainage and pollution controls. RECOMMENDATION OF THE HEAD OF PLANNING AND BUILDING CONTROL:That the application be deferred pending receipt of the further information requested. Source: (Gary Linder, Extn 6152 - File Reference: 20050518 31 Jan 08) PUBLIC BUSINESS - ITEM FOR DECISION 2. BINHAM – 20060688 – Retention of Wash-Down Facility and Diesel Tank; Manor Farm, Field Dalling for Taylor Farms Partnership Limited To reconsider the planning application following a previous resolution to give delegated authority to the Head of Planning and Building Control to approve in the light of drainage negotiations. Background At the meeting of Development Control Committee (West) on 24 April 2007 it was resolved that the Head Of Planning and Building Control be authorised to approve the application for the retention of the wash-down facility at Manor Farm, Field Dalling Road, Binham. This delegated approval was subject to: • Resolution of a drainage channel issue. • No objection from the Environment Agency. • Erection of the 2.5m high wall. • The imposition of appropriate conditions. Copies of the Committee report and minutes of the meeting dated 24 April 2007 are attached at Appendix 2. No further letters or representations have been received. The design of the boundary wall has been agreed but resolution of the drainage channel across the site frontage has not been concluded. The principal issue at stake is whether or not the use of the wash-down facility is contributing either directly or indirectly to surface run-off onto Field Dalling Road and both the Environment Agency and Norfolk County Council Highways have been subsequently contacted in respect of the need for the drainage channel. Development Control Committee (West) 10 31 January 2008 The Environment Agency has stated to the applicant that it would have no objection to the construction of a gully to direct uncontaminated surface water into a ditch or soakaway. However, any discharge to controlled waters of contaminated water from this site would be an offence under the Water Resources Act 1991 and would be investigated and dealt with according to the Environment Agency’s enforcement and prosecution procedures. Norfolk County Council Highways originally suggested that overspill from the site onto the highway should be avoided and that a drainage channel across the complete access on the applicants’ land would seem to be a reasonable answer to the problem. The applicant considered that the need for the channel was unjustified and that the wash-down facility did not contribute to run-off onto Binham Road. A set of procedures for staff when using the wash-down facility was submitted by the applicant so as to reduce the potential for spillage and therefore negate the need for the drainage channel. However, given visual evidence of water running-off the site, County Highways remained of the opinion that a drainage channel was required. A site visit was undertaken on 10 January 2008 attending by representatives of the Highway Authority, the applicant and his agent. A demonstration of the operation of the wash-down facility was carried out and it was accepted by the Highway Authority representatives that, unless operated in a significantly different manner from that demonstrated, the wash-down facility would be unlikely to be responsible for significant amounts of water running onto Field Dalling Road. There is, however, the separate issue of the existing situation regarding water run-off from the large concrete access and 'apron' of Manor Farm, and ideally the Highway Authority would wish to see some form of on-site drainage installed to prevent this occurring and potentially being detrimental to highway safety. It was subsequently agreed that the applicant would contact the Environment Agency to discuss the suitability of additional surface water discharging from his site into the existing land drainage system, being mindful of the implications of contravention of the Water Resources Act 1991. It has been stated that the Highway Engineer would arrange an investigation of the highway drainage and, whilst on site, would inspect the condition of the existing land drain to the north-west of the access to establish if this is capable of taking further excess water from the site. If this can be achieved then the applicants have stated that they would be agreeable to install a suitable channel drain across the complete access to the site. Assuming this to be carried out in the near future, the Highway Engineer would be satisfied that reasonable efforts have been made to reduce the potential for water discharged from the site to represent a hazard to highway safety. Were it revealed that the existing drainage was incapable of accepting further discharged water and the only further solution was to use a drainage system acceptable to the Environment Agency then it was accepted by Highway Authority representatives that it would be unreasonable to expect the applicant to address this in this instance. Summary Whilst the actual amount of run-off from the wash-down facility onto Field Dalling should be minimal if used properly in accordance with the submitted procedures, it is considered that reasonable efforts should be made to reduce the potential for water discharged from the site to represent a hazard to highway safety on Field Dalling Road. Development Control Committee (West) 11 31 January 2008 Further consideration is being given to the suitability of the use of existing land drains in conjunction with a trapped gully at the site entrance and, depending on the results of this assessment and whether any such waters would be polluted, the applicants have indicated that they would be prepared to complete the works. In the event that the existing land drains are incapable of accepting further discharged water or that such water would be contaminated, the Highway Authority would not insist that a drainage channel be provided. RECOMMENDATION: That Committee reaffirms giving delegated authority to the Head of Planning and Building Control to approve the application subject to resolution of the drainage channel investigation and imposition of appropriate conditions. If it is possible to provide the drainage channel than permission should be granted with conditions requiring all outstanding works to be completed within 6 months of the date of permission. If it is not possible to provide the drainage channel then permission should be granted without the need for the channel but with conditions requiring all the other outstanding works to be completed within 6 months of the date of permission. Source: (Geoff Lyon, Extn 6226 – File Reference 20060688) PUBLIC BUSINESS – ITEM FOR DECISION 3. SHERINGHAM – Tree Preservation Order (Sheringham) 2007 No.8 9b and 11 Holt Road, Sheringham To consider whether or not to confirm a Tree Preservation Order at the above site. Background The above Order was served in response to a proposal to fell 3 Corsican Pines by the owner of 11 Holt Road Sheringham. It was considered that the group of trees in the gardens of both No.11 and No.9b were of sufficient amenity value to warrant protection. The group of eight trees are a key landscape feature on Holt Road and add to the visual amenity of the area. The Order was served on 8 August 2007. Representations Objections to the Order. Two letters of objection have been received, one from the owner of 11 Holt Road Sheringham (dated 21 August 2007 – see Appendix 3) and one from a neighbour at 13 Holt Road Sheringham (dated 28 August 2007 – see Appendix 3). The owner of 11 Grove Lane has objected on three grounds:Visual Amenity - with regard to the Corsican Pines being a landscape feature adding to the visual amenity of the area, the only good view available is from the golf course and that car drivers on Holt Road should be watching the blind bend not the scenery. He feels that the three Corsican Pines in his garden are branchless for the first 9m or so and as such not a pretty sight. Development Control Committee (West) 12 31 January 2008 Safety - trees of 16 – 20m and only 1 – 2 m off the edge of the pavement, on a busy road could be extremely dangerous and that in high winds even if the roots hold, the branches, which overhang the road, can be quite fragile. Maintenance - Pine needles and cones are deposited in the rainwater gulley for the Council to clear up, or blown into the rainwater gully on his property, requiring removal about three times a year. The owners of 2 The Cottage, 13 Holt Road objected on two grounds:Visual Amenity - the Corsican Pines, especially the ones in the front of 11 Holt Road, are in poor condition, being extremely tall with no branches or greenery except right at the top and are unattractive and for the most part just trunk. Health and Safety - the trees now constitute a dangerous hazard and in high winds or a storm could easily fall across Holt Road or onto the bungalows at 9b and 1 or 11 Holt Road causing extensive damage and/or possible loss of life and/or serious injury. Make reference to a notice at Kelling Heath Caravan Site regarding the removal of Corsican Pines from the Heath on safety and suitability grounds. 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:Visual Amenity - The Landscape Officer carried out a visual impact assessment on foot from public places and does not consider the view obtained from motor vehicles to be of high importance. The absence of lower branches is a key feature of Corsican Pines. The Pines are not in a poor condition and they score well on assessment in regard to condition, quality and contribution to the amenity of the neighbourhood. No report from a qualified arborist on the poor condition of the trees has been received. Health and safety - A visual inspection of the trees by the Landscape Officer has not highlighted any structural problems. No arboricultural report on the poor health of the trees has been received. Corsican Pines can reach a height of 45m; the trees on Holt Road are therefore well within the normal height range and growth characteristics of this species. The District Council’s Landscape Officer has also carried out a Quantified Tree Risk Assessment of the Pines concerned. The results show that the risk of failure is acceptable. The work at Kelling Heath was carried out as part of a heath land restoration project and the majority of the Corsican Pines had been removed due to poor forestry practice in the past. A number of Corsican Pines at the edge of the site, adjacent to the touring area had been left and considered quite safe. The Forestry Commission were also been consulted regarding the health and safety of Corsican Pines. Maintenance - The problem of pine needles is not a consideration inhibiting the serving or confirming of a Tree Preservation Order. Adequate maintenance is the solution. Development Control Committee (West) 13 31 January 2008 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 Corsican Pines covered by the Order make a significant contribution to the setting and character of the site and the surrounding area. Officers consider that the removal of the Corsican pines would be detrimental to the amenity of the area. RECOMMENDATION:That the Order be confirmed. Source: (Simon Case, Extn 6142 – File Reference: TPO (Sheringham) 2007 No. 8) PUBLIC BUSINESS – ITEMS FOR DECISION PLANNING APPLICATIONS Note :- Recommendations for approval include a standard time limit condition as Condition No.1, unless otherwise stated. 4. BLAKENEY - 20080010 - Removal of condition 8 of planning permission reference 20061800 to provide use of reflective glass; The Coast House Back Lane for Mr and Mrs J Hartley MINOR DEVELOPMENT - Target Date :28 Feb 2008 Case Officer :Mr G Linder (Full Planning Permission) CONSTRAINTS Area of Outstanding Natural Beauty Flood Buffer Zone Residential Selected Small Village RELEVANT PLANNING HISTORY 20061800 - (Full Planning Permission) - Erection of two-and-a-half-storey extension including provision of two studio holiday units Approved, 01 Aug 2007 THE APPLICATION Seeks the removal of condition 8 of planning permission 20061800, which required the windows of both the existing dwelling and one and a half storey extension to be glazed with non-reflective glass. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Brettle due to the concerns raised in respect of impact in the AONB and Conservation Area. Development Control Committee (West) 14 31 January 2008 PARISH COUNCIL Object to removal of condition which was only imposed a short time ago, as they do not support the use of reflective glass in the Area of Outstanding Natural Beauty and Conservation Area. REPRESENTATION A letter of objection has been received from the owner of the neighbouring property which states that the condition was imposed in order to mitigate the intrusive impact which may be worse at sunrise and sunset when reflected light may cause glare over Blakeney Harbour. As far as safety is concerned the letter suggests that the usual practice is to attached gauge blast curtains to the inside of windows and also to attach images of birds to the windows, which would be highly visible to any incoming birds. CONSULTATIONS Environmental Health - No objection. Royal Society for the Protection of Birds - 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 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 4: Environment (strategic approach to environmental issues). Policy EN 1: Norfolk Coast Area of Outstanding Natural Beauty and The Broads (prevents developments which would be significantly detrimental to the areas and their setting). Policy EN 2: Protection and enhancement of landscape and settlement character (specifies criteria that proposals should have regard to, including the Landscape Character Assessment). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 8: Protecting and enhancing the historic environment (prevents insensitive development and specifies requirements relating to designated assets and other valuable buildings). Development Control Committee (West) 15 31 January 2008 MAIN ISSUES FOR CONSIDERATION 1. Impact on the Conservation Area and Norfolk Coast Area of Outstanding Natural Beauty. 2. Impact on neighbouring properties. 3. Impact on wildlife. APPRAISAL The site lies within the development boundary for Blakeney in an area primarily in residential use (Policy 6) where the principle of development would comply with Policy 4, subject to it enhancing the character of the village. In addition, as the site is situated within the Blakeney Conservation Area, Policies 20 and 42 of the Local Plan are also relevant. In August 2007, following a site visit, the Committee granted permission for the erection of a one and half storey extension to the north elevation of the existing twostorey chalet style dwelling, which dates from the 1970s. As part of the scheme, improvements were proposed to the main house, including replacing the existing white uPVC windows in timber of a more appropriate design. However, due to the prominent location of the property, within the Blakeney Conservation Area and Area of Outstanding Natural Beauty the Committee considered that the use of nonreflective glass to all the windows would reduce the amount of reflection especially from the large area of glazing to the new extension, thereby helping to reduce its overall visual impact in the landscape. Works have now commenced on site with the improvements to the existing dwelling taking priority. However, having sought advice on the use of non reflective glass from glazing specialists, the applicants have been advised that the use of such glass seems to increase the incidence of bird strikes. Therefore given the location of the development adjacent to the marshes and Blakeney Harbour there are concerns that in addition to having a potentially adverse effect on wildlife, increasing the mortality rate, there is a real danger of personal injury to residents from heavy birds (ducks) penetrating the glass. For these reasons the applicants are seeking the removal of the condition. In terms of the impact on the Conservation Area and Area of Outstanding Natural Beauty are concerned whilst large areas of glazing are proposed to the north, east and western gables on the extension it is not considered that the use of reflective glass would significantly increase its impact or be detrimental to the appearance or character of the area. Similarly the area of glazing is not to be increased in size; as such it is not considered that a change in the type of glazing would increase the potential for overlooking. When compared to non-reflective glass which has a polarising effect, the reflective sheen of ordinary glass can reduce the ability to look into a building and with it the perceptions of overlooking. The Royal Society for the Protection of Birds has been consulted to establish if there is any evidence that the use of non-reflective glass results in a greater incidence of bird strikes. Provided they have no objection the proposal is considered acceptable and would accord with adopted Development Plan policies. RECOMMENDATION:That authority be delegated to the Head of Planning and Building Control to approve the application subject to no objections from the Royal Society for the Protection of Birds. Development Control Committee (West) 16 31 January 2008 5. BODHAM - 20071223 - Change of use of agricultural land to site for one static caravan and one touring caravan and the provision of one transit pitch; land off Hart Lane for Mr R Drake Target Date :28 Sep 2007 Case Officer :Mr M Gannon (Full Planning Permission) CONSTRAINTS Area of High Landscape Value Countryside RELEVANT PLANNING HISTORY 20051159 - (Full Planning Permission) - Retention of field shelter as commercial log store Refused, 06 Sep 2005 20070522 - (Full Planning Permission) - Erection of three agricultural buildings and retention of 2.2m high gate Refused, 10 Jul 2007 THE APPLICATION Use of approximately 0.1ha of agricultural land for the siting of a static caravan, a touring caravan and the creation of a transit pitch. Permission is sought retrospectively for the static and touring pitch. The application originally sought permission for two static caravans, two touring caravans and two transit pitches. The proposals have been reduced to reflect the applicant’s needs. REASON FOR REFERRAL TO COMMITTEE Required by the Head of Planning and Building Control having regard to the need to weigh planning policy issues with the applicant's human rights. PARISH COUNCIL Comments in respect of original proposals. Strong objection. The main objections are as follows:1. Is in contravention of planning regulations. 2. Agricultural land should remain so and not be used otherwise. 3. This is a retrospective application and if agreed would set a dangerous precedent for development outside the village envelope. 4. There is no need for another caravan site in the village. 5. Noise pollution is a problem as there are no facilities on the site and a generator is needed constantly. 6. There are concerns now that as this site has been allowed to be established it will take many months for any enforcement to take place and is this now planning policy, to allow buildings or changes of use to happen without prior permission? Comments in respect of amended proposals. 1. Would create noise pollution with generators being used day and night. 2. In contravention of planning regulations as it is agricultural land and should be kept as such. 3. Already 2 caravan sites in the village, also at surrounding villages and do not need more. 4. There are no facilities on the site. 5. Could set a precedent regarding development outside the parish envelope. Development Control Committee (West) 17 31 January 2008 REPRESENTATIONS Objections received from two local residents (summarised):1. Detracts from appearance of countryside/Area of High Landscape Value. 2. The presence on this and the adjoining site of yet further unauthorised caravans is a clear breach of planning regulations. 3. The current lawful use of the land remains as agriculture. The site is subject to a Covenant which restricts its use to agriculture. 4. Site lacks the necessary facilities for permanent occupation. 5. Inappropriate and ugly steel and wooden fencing has been installed on site boundaries. 6. 'Keep out' signs are aggressive and make villagers feel vulnerable. The applicant has employed the services of East of England Planning Aid. Letters submitted with the original submission and the amended proposals by the Casework Planner are appended to the report (see Appendix 4). In summary the applicant is a gypsy, who works locally and requires the site for his occupation. The touring pitch is required for his touring unit with the additional transit pitch for visitors. CONSULTATIONS County Council (Highways) - Comments in respect of original and amended proposals:Hart Lane (U14314) is throughout its length between The Street (C528) to the north and Osier Lane (C308) to the south of mainly single track construction, in places narrowing to below 3m in width, and has limited opportunities for two vehicles to pass each other in safety without encroaching on the highway verge. In addition Hart lane has a poor junction arrangement with Osier Lane resulting in severely restricted visibility at this intersection. The minimum carriageway width acceptable for a car and caravan to pass is 4.8m (Manual for Streets DfT and C and LG 2007). Furthermore the site vehicular access has negligible visibility to the critical direction from the required 2.4m setback due to its positioning close to a bend and proximity of adjacent hedgerows. As Hart Lane is subject to a 60 mph speed limit the visibility requirement is 215m x 2.4m (Design Manual For Roads and Bridges DETR June 1993). Notwithstanding the actual speed limit Hart Lane is so aligned that it would be reasonable to assume that 85th percentile vehicle speeds past the site are in the region of 40 mph this requiring access visibility of 2.4m x 120m. It is considered highly unlikely from available information that the applicant would be able to provide this level of visibility from land under his control. This proposal involving towing vehicles, is likely to result in conditions detrimental to highway safety and convenience and accordingly I would wish to recommend that permission be refused. Gypsy Liaison Officer - Comments in respect of original and amended proposals: I have been unable to talk to the applicant directly. However, from the enquiries that I have made he does appear to meet the statutory definition of 'gypsy'. Although the caravan count data for North Norfolk does not show high levels of traveller movements and residence over the last five years it is recognised that nationally there is considerable under provision of permanent sites which leads to increased incidences of unauthorised encampments. Any caravan site would need to comply with the conditions imposed by the Local Authority site licence. Strategic Housing Manager - No comment. Development Control Committee (West) 18 31 January 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 5: The Countryside (prevents general development in the countryside with specific exceptions). Policy 21: Area of High Landscape Value (promotes conservation and enhancement, prevents developments which would be significantly detrimental to appearance and character). Policy 68: Residential Caravans (same policies apply as for residential buildings). Policy 123: Static Caravan Sites (new sites not permitted) (extensions subject to locational and size restrictions. Need to improve existing appearance and quality) (proposals to amend existing layouts acceptable where general appearance and quality of site in enhanced). Policy 125: Touring Caravan Sites (new sites not permitted in designated landscape areas. Elsewhere may be permitted if in accordance with other policies). 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 EN 2: Protection and enhancement of landscape and settlement character (specifies criteria that proposals should have regard to, including the Landscape Character Assessment). Policy HO 4: Sites for Gypsies and Travellers and travelling showpeople (specifies the criteria to be met for the provision of sites). 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. Compliance with policies 5, 68, 123 and 125? 2. Impact on the appearance of the designated Area of High Landscape Value. 3. Highway safety and convenience. 4. Assessment of the applicant’s needs given the under-provision of authorised transit sites. APPRAISAL The application site comprises an enclosed area of farmland with a frontage to Hart Lane, which is a narrow unclassified road. Notwithstanding the presence of trees and hedging on the front boundary, the site is visible from the road and the presence of the caravans and tall fencing that surrounds part of the site presents an alien and inappropriate feature within the generally open and unspoilt landscape. Development Control Committee (West) 19 31 January 2008 The site lies within an area of countryside designated in the Local Plan as being of High Landscape Value. Local Plan Policy 21 seeks to prevent development in the Area of High Landscape Value that would significantly detract from its appearance or character. In this respect Members may recall the recent application for the erection of three agricultural buildings on the adjoining land (reference 20070522) which was refused at the June 2007 meeting on the grounds that the buildings would significantly detract from the open and undeveloped character of the area. This application raises similar issues. Within the countryside there is a policy presumption against residential development. Local Plan Policy 68 requires proposals for residential caravans to be considered as though they were for residential buildings and for such proposals to be considered in the light of the appropriate policies. Accordingly there is a strong policy objection to residential development at this location. Local Plan Policy 123 seeks to prevent the establishment of sites for static caravans except within specific circumstances none of which apply in this case. The establishment of a touring caravan pitch at this location would be potentially acceptable in policy terms (Policy 125) providing the site could be successfully integrated onto the landscape and providing the site could be safely accessed. However, the presence of touring caravans could not normally be used to justify a permanent residential presence on the site. In this case the applicant's status as a gypsy is an additional material consideration which has to be taken into account. In broad terms Article 8 of the European Convention on Human Rights provides the applicant with right to occupy his home without interference by public authority except where this is necessary in the general public interest. It is necessary, therefore, in this instance to balance the harm to the public interest arising from the application proposals against the rights and personal circumstances of the applicant. Members will note the applicant's requirements as presented in the letters from the Planning Aid Caseworker (Appendix 4). Given the applicant’s gypsy status and his employment locally the need for a site is accepted. However, notwithstanding that the proposals have been pared down to reflect the applicants actual requirements there remain concerns regarding this particular location. In the light of the highway safety concerns and concerns regarding the inappropriate appearance of the site and the consequent detrimental impact on the appearance and character of this part of the Area of High Landscape Value it is considered that in this instance the potential harm that would arise from approval of the application would outweigh the needs and human rights of the applicant. If Members accept the recommendation authority will be sought for enforcement action to remove all caravans and unauthorised structures from the site and return the land to agricultural use. Given the particular circumstances of this case it is suggested that a period for compliance of six months would be reasonable to enable the applicant to find an alternative more suitable site. RECOMMENDATION:Refuse on grounds relating to the harmful impact of the proposals on the appearance of this part of the Area of High Landscape Value and the inadequacy of the local road network to accommodate safely the associated traffic as recommended by County Council Highways. Development Control Committee (West) 20 31 January 2008 6. BRISTON - 20071520 - Conversion and extension of garage to provide one-anda-half-storey living accommodation and double garage; Acorn Lodge Macks Loke for Dr and Mrs Brueggemann Target Date :27 Nov 2007 Case Officer :Miss J Medler (Full Planning Permission) CONSTRAINTS Residential THE APPLICATION Is for the conversion and extension of an existing garage to provide one-and-a-halfstorey additional living accommodation and double garage. The proposed extension would be located to the east of the existing dwelling and measure approximately 5.5m in length, 8m in width and 5.8m in height to the ridge of the roof. The extension would be constructed approximately 1m from the boundary with the neighbouring dwelling to the east. REASON FOR REFERRAL TO COMMITTEE The application was deferred at the last meeting on order for the Committee to carry out a site visit. PARISH COUNCIL No objection. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 6: Residential Areas (areas primarily for residential purposes). Policy 13: Design and Setting of Development (specifies design principles required for new development). North Norfolk Core Strategy (Submission Document): Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). MAIN ISSUE FOR CONSIDERATION Impact on neighbouring properties. APPRAISAL The application was deferred at the last meeting in order for the Committee to carry out a site visit. Development Control Committee (West) 21 31 January 2008 The site is located within the residential policy area of Briston where extensions to dwellings are considered to be acceptable in principle providing they are appropriate in terms of their relationship to nearby properties and accord with other policies in the Local Plan. The proposed garage extension would be located to the east of the existing dwelling, adjacent to the boundary with the neighbouring property of No.25 Macks Loke, which is also known as The Tin House. There is an existing high hedge along the eastern boundary of the site which would need to be removed in order to erect the extension and allow pedestrian access to the rear of the property. There would be a window to the garage in the eastern elevation of the proposed extension facing the neighbour who has three windows facing the application site which are to a living room and bedroom. The distance between the proposed extension and the neighbouring property to the east would not comply with the basic amenity criteria. The recommended distance in the basic amenity criteria is 9m. The actual distance would be approximately 4m, which is a shortfall of 5m. However, despite this shortfall it is considered that the relationship between the two properties would be acceptable, as the window facing the neighbouring dwelling would be to a garage and a 2m high fence could be erected along the boundary which would obscure views between the properties. Therefore, it is not considered that the proposal would have a significant detrimental impact on the privacy or amenities of the occupiers of the neighbouring dwelling to the east. The applicants have offered to delete this window from the scheme but Officers do not consider it necessary. Furthermore, it is considered that the scale and design of the proposed extension would be in keeping with that of the existing dwelling. As the Committee may recall from the last meeting the neighbour confirmed that he had withdrawn his previous objections to the extension following a discussion with the applicants. It is considered that the proposal is acceptable and accords with Development Plan policy. 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 first floor of the eastern elevation of the development hereby permitted unless planning permission has been first granted by the Local Planning Authority. 3) Materials to be used on the permitted extension shall match those of the existing building, to the satisfaction of the Local Planning Authority. 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 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. Development Control Committee (West) 22 31 January 2008 7. CORPUSTY - 20071647 - Erection of two single-storey dwellings, five twostorey dwellings and two flats; adjacent 11 Heydon Road for Broadland Housing Association MINOR DEVELOPMENT - Target Date :17 Dec 2007 Case Officer :Mr G Lyon (Full Planning Permission) CONSTRAINTS Area of High Landscape Value Countryside THE APPLICATION Seeks to erect nine dwellings on a site area of approximately 0.28ha. The proposed dwellings would consist of two pairs of two-bed semi-detached properties, a terrace of three properties consisting of one three-bed two-storey dwelling and two two-bed flats and a pair of single-storey two-bed bungalows. Access to the site would be gained via three new entrances onto Heydon Road. This would require the removal of the existing frontage hedge to be replaced by a new hedge, set-back from the road to provide visibility splays for each access. Proposed external materials include clay pantile and pin-tiles to the roofs, brick slip chimneys, timber framed windows and doors and facing bricks to match the adjacent properties. Eighteen car parking spaces are proposed. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Perry-Warnes having regard to the following planning issue: Highway implications. PARISH COUNCIL Supports the application CONSULTATIONS Conservation, Design and Landscape Manager (Landscape) - The site is in an elevated position that is extremely prominent in the general landscape and lies within the designated Area of High Landscape Value and Countryside. The existing houses along Heydon Road can be seen from many directions, and are particularly visible from Norwich Road. Concerned about the visual impact and whilst the replacement hedge would provide some screening along the roadside, this will not provide screening from further a field. A full landscaping scheme to help soften the visual impact of the development should be submitted and without it, it would be difficult to see how the scheme would comply with Local Plan Policy 57. County Council (Highways) - This site is located on the southern extremity of the built-up area of Corpusty/Saxthorpe on a green field site which is not well served in terms of the local highway network and has a complete lack of any pedestrian facilities whatsoever linking the site to the village facilities to the north. Development Control Committee (West) 23 31 January 2008 In regard to the local highway network, concerns relate to the likely means of vehicular access to, or from, the south-east, this being Valley Road (C477) which has a severely substandard junction arrangement with the busy and important Holt Road (B1149), a designated Main Distributor Route in the County Council Route Hierarchy. Visibility at this junction is restricted in the critical direction due to the alignment of the carriageway and the position of the junction close to the brow of a hill. Driver sightline visibility measuring less than 100m from a 2.4m setback with the requirement for a 60mph speed limit (as in force on this section of Holt Road) being 215m (Design Manual for Roads and Bridges (DETR June 1993). Furthermore, Valley Road is of single track construction with no vehicular passing provision throughout its entire length between its junction with Horseshoe Lane (C477) and the Holt Road (B1149). Additionally there are concerns regarding any increased vehicular use resulting from this proposal of the substandard junction of Heydon Road with The Street (U14256) and the narrow and poorly aligned Horseshoe Lane (C477). The site is not one where transport other than the motor car is readily, or safely, available and no facilities for more vulnerable road users (pedestrians) exist. It is reasonable to assume, therefore, that the scale of development proposed if likely to generate an additional 72-90 vehicular movements per day (TRICS database Trip Rate Information Computer Services Version 2005b) onto the surrounding substandard highway network. This level of increase in vehicular use is considered unacceptable and, accordingly, I would wish to recommend that the application be refused. Were the applicant able to put forward a proposal suggesting footway links from this remote site to the facilities of Corpusty/Saxthorpe then further consideration could be made of the proposed development. Environmental Health - Condition should be attached in respect of waste disposal Strategic Housing - Supports this application which will help meet the identified housing need in Corpusty and the adjoining civil parishes. 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 - saved policies): 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 - saved policies): Policy 5: The Countryside (prevents general development in the countryside with specific exceptions). Policy 13: Design and Setting of Development (specifies design principles required for new development). Development Control Committee (West) 24 31 January 2008 Policy 18: Light Pollution (aims to prevent insensitive lighting schemes to protect residents, traffic safety and environment). Policy 21: Area of High Landscape Value (promotes conservation and enhancement, prevents developments which would be significantly detrimental to appearance and character). Policy 57: Affordable Housing in the Countryside (specifies criteria for 'exception' cases in the Countryside policy area. Sites have to immediately adjoin village boundaries). 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 HO 3: Affordable housing in the Countryside (specifies the exceptional circumstances under which affordable housing developments will be allowed in the Countryside policy area). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 6: Sustainable construction and energy efficiency (specifies sustainability and energy efficiency requirements for new developments). Policy CT 5: The transport impact of new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUES FOR CONSIDERATION 1. Principle of affordable housing in this location. 2. Design. 3. Highway safety. 4. Landscaping. APPRAISAL Members visited the site on 2 January 2008. The application site, whilst located in the Countryside policy area, is also located adjacent to the settlement boundary of the selected small village of Corpusty. As such the proposal would comply with adopted North Norfolk Local Plan Policy 57 (b) and, subject to the proposal complying with the other requirements of Policy 57 and other relevant Local Plan Policies, it would be acceptable in principle. The affordable housing scheme would, with the possible exception of part c) which is considered below, comply with the requirements of Policy 57 of the adopted Local Plan. Adjacent residential properties to the south-west consist of two narrow-span terraces of four dwellings (eight in total) set back approximately 15m from Heydon Road with a ridge height of approximately 7.5m. The proposed dwellings would be set back a similar distance of 15m with ridge heights of approximately 8.1m for the two-storey dwellings. Whilst the proposed dwellings would be wider than adjacent properties, they would be stepped down to follow the contours of the site. Development Control Committee (West) 25 31 January 2008 In respect of design, the applicant has adopted a traditional approach and, whilst the scheme is less than ideal in terms of gable width and some areas of detailing, subject to the use of quality external materials and appropriate landscaping, the proposal is considered acceptable In respect of landscaping, concern has been expressed about the visual impact of the development on the wider countryside. Whilst it is accepted that the dwellings would be visible from distance in some directions, there is a need to consider how the development could be improved in terms of boundary treatment to soften the visual impact The applicant has been made aware of these concerns and has responded by stating that it is intended to provide 1,800mm privacy screening between properties and then 1,200mm high chain-link fencing with native species hedge planting to rear gardens to give properties views across open countryside and maximise potential credits for Eco-Homes/The Code for Sustainable Homes compliance. Subject to receipt of appropriate landscaping scheme the proposal is considered acceptable. In respect of highway considerations, County Highways have objected to the proposal based on a number of issues, as detailed above. However, at the time of writing this report negotiations were being undertaken between the applicant and County Highways with a view to the provision of a footpath linking the application site with the village up to the old railway bridge. An offer of £25,000 towards the construction of the footpath has been made by the applicant as a commuted sum, although County Highways would prefer the applicant to design and cost the off-site highway works, with the potential for a commuted sum to pay for the actual cost of the works, secured by Grampian-style condition and/or S106 agreement. Negotiations are still taking place and the Committee will be updated orally in respect of this matter. In summary it is considered that, subject to the satisfactory resolution of the highway concerns and the imposition of appropriate conditions, the proposal would comply with adopted policies and would be acceptable. RECOMMENDATION:Delegated authority to approve subject to resolution of highway concerns raised by County Highways and subject to the imposition of appropriate conditions including a full landscaping scheme. 8. FAKENHAM - 20071561 - Erection of twenty-four dwellings; land adjacent 95 Holt Road for Anglian Water Group MAJOR DEVELOPMENT - Target Date :07 Jan 2008 Case Officer :Mr G Lyon (Outline Planning Permission) See also 20071788 below. (Adjacent site). CONSTRAINTS Residential Contaminated Land RELEVANT PLANNING HISTORY 20050250 - (Full Planning Permission) - Siting of modular buildings to provide office accommodation Refused, 05 May 2005 Development Control Committee (West) 26 31 January 2008 20051049 - (Full Planning Permission) - Siting of modular buildings for use as office accommodation Temporarily Approved, 19 Aug 2005 20071010 - (Outline Planning Permission) - Erection of forty-two dwellings Refused, 07 Sep 2007 THE APPLICATION Seeks to erect 24 dwellings on a site measuring approximately 7,250sq.m (0.7ha). Only means of access is submitted for consideration at this stage, although some indicative details have been submitted. Entrance to the site is proposed via a re-positioned entrance currently serving the existing Anglian Water site from Holt Road. Access would be shared between the proposed dwellings and the remaining Anglian Water interests. The proposed 24 dwellings would consist of terraces of ten three-storey town houses, one two-storey end-terraced property, three pairs of two-storey semidetached dwellings, one detached two-storey dwelling built utilising the existing smaller northern water tower and a block of six flats, three-storeys high. An amended plan has been received repositioning and redesigning two blocks on the western boundary. REASON FOR REFERRAL TO COMMITTEE Required by the Head of Planning and Building Control in view of major significance of development on this site. TOWN COUNCIL No objection to the amended plans and we approve of the reduction in the number of dwellings on this site. However, many of our existing concerns regarding the aesthetic appearance of the buildings remain and the Town Council is enormously disappointed by the unimaginative design and unsympathetic materials submitted by the applicant. The Town Council feel that pitched roofs would bring more character to the buildings. CONSULTATIONS Anglian Water - Awaiting comments. Building Control Manager - No comment. Conservation, Design and Landscape Manager (Conservation and Design) - Awaiting comments. Conservation, Design and Landscape Manager (Landscape) - No objection subject to imposition of conditions. County Council (Highways) - No objection subject to imposition of conditions and Section 106 agreement to secure funding for public transport improvements and walking and cycling improvements. Environment Agency - No objection subject to completion of remediation recommendations and the taking of validation samples in respect of contamination. Development Control Committee (West) 27 31 January 2008 Environmental Health - Conditions should be attached in respect of construction work, waste disposal, contaminated land assessment and advisory notes. Further information is also required in respect of the submitted contamination report. Applicant should also confirm that the mobile phone equipment, individually and cumulatively complies with the standards laid down by ICNIRP. Planning Obligations Co-ordinator - No contribution required in respect of Education. No hydrants required in respect of Fire Service. Contribution of £1,200 required in respect of Library Provision. A commuted sum may be required in respect of any landscaping required to be maintained following adoption. Strategic Housing - There is a proven need for affordable dwellings in Fakenham and whilst the proposal falls below the minimum threshold of 25 dwellings indicated in Local Plan Policy 56, there are other material factors to consider in relation to this application, namely Planning Policy Statement 3 which shows that the minimum national indicative site threshold size is 15 dwellings and the fact that the Local Development Framework Core Strategy sets an affordable threshold at 10 dwellings. Both of these documents would trigger the requirement of affordable housing on the application site and the opportunity should not be lost. 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 - saved policies): Policy T.2: New Development (to be assessed against effect on traffic generation and alternative modes of access. Adequate access necessary). Policy CS.5: Whole Settlement Strategies North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 1: Growth Towns (main towns for growth in district). Policy 6: Residential Areas (areas primarily for residential purposes). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 16: Pollution Control (aims to protect public amenity and natural habitats against potentially polluting developments) (prevents sensitive development near to existing polluting environments). Policy 56: Affordable Housing on Large Housing Sites (specifies criteria for affordable housing provision in residential developments). Policy 138: Cycling (seeks improvements to cycling facilities as part of development proposals). 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) 28 31 January 2008 North Norfolk Core Strategy (Submission Document): Policy SS 1: Spatial Strategy for North Norfolk (specifies the settlement hierarchy and distribution of development in the District). Policy SS 3: Housing (strategic approach to housing issues). Policy SS 4: Environment (strategic approach to environmental issues). Policy SS 6: Access and Infrastructure (strategic approach to access and infrastructure issues). Policy SS 8: Fakenham (identifies strategic development requirements). 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 9: Biodiversity and geology (requires no adverse impact on designated nature conservation sites). Policy EN 13: Pollution and hazard prevention and minimisation (minimises pollution and provides guidance on contaminated land and Major Hazard Zones). Policy CT 2: Developer contributions (specifies criteria for requiring developer contributions). Policy CT 5: The transport impact of new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUES FOR CONSIDERATION 1. Principle of re-development. 2. Highway safety. 3. Impact on the amenity of adjacent residents/properties. 4. Landscaping. 5. Affordable Housing. 6. Contamination Assessment. APPRAISAL The application site is located within the residential development boundary of Fakenham. As such, there would be no objection to the principle of residential development on this site subject to compliance with relevant Local Plan policies. In this instance, whilst the application involves means of access only, the Committee will need to consider whether, in principle, 24 dwellings can be sited without detriment to the amenity of adjacent neighbours. In this respect, the applicants appear to have considered concerns raised by Committee in relation to earlier application 20071010, which had proposed 42 dwellings on the site, and which was refused. The density of the proposed development would be approximately 33 units per hectare which is above the suggested minimum of 30 units per hectare for the efficient use of land in PPS3 "Housing". Development Control Committee (West) 29 31 January 2008 In respect of means of access, vehicular access is proposed via a revised entrance off Holt Road 4.8m wide with a 6m radii entrance and associated 1.8m wide pedestrian footpath. County Highways have raised no objection to the proposed means of access and therefore, subject to the imposition of appropriate conditions and completion of a Section 106 agreement to secure a commuted sum to the value of £3000 for public transport infrastructure improvements and a commuted sum to the value of £10,000 to enable improvements to the walking and cycling network in Fakenham, the proposed means of access is considered to be acceptable. Adjacent residential properties consist primarily of single-storey dwellings on the western boundary (Waterfield Avenue) with two-storey properties on Holt Road and Greenway Lane. Immediately to the north-east is a Doctors Surgery and to the east are two single-storey dwellings, which have outline permission to be replaced with 16 dwellings. Neighbouring buildings to the west are, in the majority, single-storey and the amended indicative layout has increased the separation distance between existing and proposed dwellings. Subject to careful design regarding room layouts and position of relevant associated windows, it is considered likely that the proposed development would be able to comply with the basic amenity criteria. A number of units have been amended on the indicative plan to improve the relationship further by reason of re-siting and reorientation. There are considered to be a number of constraints on site that limit the possible siting and position of buildings. Notwithstanding the need to relate satisfactorily to surrounding properties the applicant has advised that the adjacent larger water tower has extensive underground infrastructure that requires a number of service area easements to allow any necessary future maintenance by Anglian Water. This has the effect of preventing buildings from being built on them. In addition, the 27m high water tower at the front of the site casts a significant shadow, the length and direction of which varies across the day and throughout the year. Clearly these issues restrict possible site layout arrangements and limit the potential to deviate from the indicative site layout. Whilst it is difficult to ascertain exactly how the buildings would be finished and where key windows would be positioned, particularly as these are maters reserved for subsequent approval, the prime consideration is whether Committee is satisfied that 24 units can be sited without detriment to the surrounding area. It is considered that, on balance, it would be possible to erect 24 dwellings without causing significant detriment to amenity. These relationships could be further improved given the increased amount of space available to provide additional landscaping to soften the impact of development. In respect of affordable housing provision, the proposal falls below the minimum threshold of 25 dwellings indicated in Local Plan Policy 56. Therefore no affordable provision is required in this instance. However, the Strategic Housing Enabling Team Leader considers that there are other material factors to consider in relation to this application, namely Planning Policy Statement 3 which shows that the minimum national indicative site threshold size is 15 dwellings and the fact that the Local Development Framework Core Strategy sets an affordable threshold at 10 dwellings. Both of these documents would trigger the requirement of affordable housing on the application site. Officers do not consider that these documents currently outweigh the saved policies (Policy 56) of the current adopted Local Plan. However, further legal advice has been sought to confirm that this approach has a firm legal basis. Committee will be updated orally at the meeting. Development Control Committee (West) 30 31 January 2008 In respect of contamination issues, the Environment Agency has raised no objection subject to completion of remediation recommendations and the taking of validation samples. However, Members will note that Environmental Health have asked for confirmation of a number of factors before commenting further. The applicant has been made aware of these issues and will respond. Committee will be updated orally. In summary, it is considered that 24 dwellings can be satisfactorily accommodated on the site without detriment to the amenity of existing adjacent residents. Means of access would comply with Highway Authority requirements and all other matters relating to layout, scale, external appearance and landscaping, will be considered in detail at the reserved matters stage. Subject to further advice on the affordable housing issue and no objections from Environmental Health to further details to be submitted the proposal would accord with adopted Development Plan policies. RECOMMENDATION: Delegated authority to approve subject to no objections from the Legal Services Manager in respect of affordable housing requirement, satisfactory resolution of contamination issues raised by Environmental Health, completion of a Section 106 Agreement to secure off-site improvements and subject to the imposition of appropriate conditions. 9. FAKENHAM - 20071780 - Erection of 2 single-storey dwellings; Copper Beech Lodge Heath Lane for Mr D Coles MINOR DEVELOPMENT - Target Date :10 Jan 2008 Case Officer :Mr G Linder (Outline Planning Permission) CONSTRAINTS Residential Wensum Valley Project RELEVANT PLANNING HISTORY 19961251 - (Outline Planning Permission) - Demolition of existing bungalow and erection of two bungalows off Heath Lane and four houses and four bungalows off Warren Avenue Refused, 27 Dec 1996 19970426 - (Full Planning Permission) - Erection of bungalow, carport and garage Approved, 15 May 1997 THE APPLICATION Seeks the erection of two detached bungalows with means of access only for consideration. The dwellings would front Heath Lane and be sited to either side of the existing access to Copper Beech Lodge. Each bungalow would have an integral garage with car parking and turning area to the frontage with direct access off Heath Lane. An amended plan has been received which shows the rear garden depth of each property increased in length. Development Control Committee (West) 31 31 January 2008 REASON FOR REFERAL TO COMMITTEE At the request of Councillor Towers having regard to the concerns of local residents in respect of the intensive development of the site and highway concerns. TOWN COUNCIL Objects to the application on the grounds that it would result in a cramped form of development which would have an undesirable environmental impact on the character of the surrounding area. REPRESENTATIONS A petition signed by 23 local residents has been received which raises the following concerns (summarised):1. Any more dwellings would destroy a lovely, peaceful environment. 2. The road is unadopted and residents are responsible for its upkeep, and should have a say in respect of any additional traffic. 3. Residents of properties to the south of the site use Heath Lane as their access and not Warren Avenue as stated in the Design and Access Statement. CONSULTATIONS County Council (Highways) - No objection subject to the imposition of appropriate conditions. 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 1: Growth Towns (main towns for growth in district). 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 SS 8: Fakenham (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 ISSUES FOR CONSIDERATION 1. Principle of development. 2. Impact on neighbouring properties. 3. Access and highway safety. Development Control Committee (West) 32 31 January 2008 APPRAISAL The site lies situated within the development boundary for Fakenham where Policy 6 would permit residential development providing it complies with other Development Plan policies. Heath Lane, which is accessed off the Norwich Road, is an unadopted road, which is surfaced for the first 140m, with the remainder of the roadway consisting of a compacted gravel surface. The majority of properties, which are predominately single-storey, are situated on the west side Heath Lane, with the area immediately opposite the site forming part of a large area of conifer woodland. At the present time the site forms part of the garden area of Copper Beech Lodge, a large single-storey dwelling set in mature grounds, which is situated some 55m back from Heath Lane. The frontage to the site is defined by a thick laurel hedge some 2.5m in height, as is the southern boundary with the neighbouring single-storey dwelling. The two plots would be sited to either side of the existing central access to Copper Beech Lodge and each would have a separate access formed through the laurel hedge. It is proposed that the hedge to the southern boundary would be maintained at a height of 2m. Plot 2 which would be adjacent to a single-storey dwelling to the north and would be separated from that property by an existing 1.8m high closeboarded fence. Given the existing boundary treatment it is not considered that there would be any amenity issues in terms of the potential for overlooking of neighbouring properties. However the proposed rear garden of Plot 2 falls short of the recommended garden depth of 10m by approximately 1m, but would be compensated for by a plot width of 14m. It is therefore considered that the proposed dwellings would have satisfactory amenity space. As far as the access is concerned, Heath Lane is an unadopted road, the upkeep of which is the responsibility of residents. The Highway Authority has indicated that it has no objection to the proposal and there would be adequate car parking on each plot for two vehicles, which would comply with the Local Plan car parking requirement. It is therefore considered that, whilst the plots would be fairly small, they would be adequate to accommodate dwellings of a size commensurate with the character and appearance of other properties in the immediate area of the site and the proposal would therefore accord with Development Plan policy. RECOMMENDATION:CONDITIONS:- APPROVE, SUBJECT TO THE FOLLOWING 2) These reserved matters shall relate to the appearance, landscaping, layout and scale 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 (drawing number 07/52/01 Rev C) received by the Local Planning Authority on 12 December 2007, unless otherwise first agreed in writing by the Local Planning Authority. Development Control Committee (West) 33 31 January 2008 4) Prior to the first occupation of the development hereby permitted the proposed onsite parking areas shall be laid out, demarcated, levelled and surfaced in accordance with the approved plan. It shall be retained thereafter for those specific uses. 5) The existing laurel hedgerow to the eastern boundary of Plots 1 and 2 and the southern boundary of Plot 1, as indicated on the approved plan (drawing number 07/52/01 Rev C) received by the Local Planning Authority on 12 December 2007, shall be retained and maintained, at a minimum height of 2m from ground level, to the reasonable satisfaction of the Local Planning Authority for a period of not less than ten years from the date of this permission. REASONS:2) The application is submitted in outline form only and the details required are pursuant to the provisions of Article 3(1) to the Town and Country Planning (General Development Procedure) Order 1995 and the Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2006. 3) To ensure the satisfactory layout and appearance of the development in accordance with Policy 13 of the adopted North Norfolk Local Plan. 4) To ensure the permanent availability of the parking and manoeuvring area, in the interests of highway safety, and in accordance with Policy 147 of the adopted North Norfolk Local Plan. 5) To protect and enhance the visual amenities of the area, in accordance with Policy 13 of the adopted North Norfolk Local Plan. 10. FAKENHAM - 20071788 - Erection of two four-storey blocks to provide eighteen flats; 107-109 Holt Road for Fairstead Homes Target Date :15 Feb 2008 Case Officer :Mr M Gannon (Full Planning Permission) See also 20071561 above. (Adjacent site). CONSTRAINTS Residential RELEVANT PLANNING HISTORY 20041808 - (Outline Planning Permission) - Demolition of two single-storey dwellings and erection of two three-storey blocks comprising of twelve flats Approved, 24 Dec 2004 20070949 - (Full Planning Permission) - Erection of two four-storey blocks to provide twenty flats Withdrawn, 15 Nov 2007 THE APPLICATION Demolition of two single-storey dwellings and erection of two detached four-storey blocks in a tandem arrangement, separated by a landscaped parking accessed from Holt Road with a parking area to the rear served by a central driveway passing through the centre of the two buildings. The two blocks have been designed in a modern style with a mix of brick, render and cedar cladding to the external walls and window frames of grey powder coated aluminium. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Towers having regard to the following planning issues: Design/appearance of the proposed buildings, in the light of strong objections from the Town Council. Development Control Committee (West) 34 31 January 2008 TOWN COUNCIL Objects to this application, and implores the members to consider the impact of this urban development on a Market Town and must reinforce our comments sent on the previous application, namely, Object strongly to the urban outdated design more suited to an inner city than a Market Town. Design similar to tower blocks which are now being demolished in other towns. CONSULTATIONS Building Control Manager - No comment. Conservation, Design and Landscape Manager (Conservation and Design) - Awaiting comments. County Council (Highways) - As with the earlier similar application on this site (20070949) there are concerns regarding the suitability of the proposal namely: 1) The proximity of the north-eastern block of flats and the bin stores to the highway would suggest that the driver sightline visibility from the access onto Holt Road would be obscured from the required 2.4m setback. The application should be suitably amended to avoid any obscuring of access visibility or access visibility splays of 59m x 2.4m x 59m clearly demonstrated on a suitably scaled plan. 2) The access driveway should be widened to provide 4.5m width for the at least the first 6m into the site from the nearside edge of the adjacent highway carriageway to allow for satisfactory shared vehicular use. The above should be addressed to allow further comment. County Council (Planning) - Awaiting comments. Environmental Health - Append standard conditions/notes regarding waste disposal, external lighting and possible ground contamination. 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 1: Growth Towns (main towns for growth in district). 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 SS 8: Fakenham (identifies strategic development requirements). Development Control Committee (West) 35 31 January 2008 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 CT 5: The transport impact of new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUE FOR CONSIDERATION Design and appearance of the proposed buildings APPRAISAL The site comprises a roughly rectangular plot approximately 13m wide with a depth of approximately 76m. It is bounded to the east by an open site used for commercial sales/storage, to the west by the Anglian Water water tower site and to the north by Fakenham Medical Practice and the rear garden of a single dwelling fronting Greenway Lane. Given the previous use of the site as two dwellings it is not considered that residential development would be inappropriate. Indeed outline planning permission for sixteen flats was granted in 2005 in a similar configuration to the current proposal. This application follows the withdrawal of proposals for twenty flats on the site (20070949). The current proposals which have resulted from negotiations with the applicants' agent incorporate modifications to the design and external materials which have resulted in a modern appearance which, although at variance with the neighbouring buildings, would not detract from the appearance of the locality. The proposals still envisage two more units than approved under the outline application. Despite this high density (approximately 180 units per hectare) on-site parking accords with the adopted standards and adequate provision is made for refuse storage whilst providing limited but adequate communal amenity space. The comments raised by County Council Highways have been forwarded to the applicants' agent. It is hoped to have a response in time for the meeting. The Town Council's comments are noted. It is, nevertheless, considered that the design is acceptable and that the development offers an opportunity to enhance the appearance of this part of the town. However, it is accepted that considerable care will have to be taken in the choice of external materials and finishes and the permission will have to be carefully conditioned in this respect. In respect of affordable housing provision, the proposal falls below the minimum threshold of 25 dwellings indicated in Local Plan Policy 56. Therefore no affordable provision is required in this instance. However, in respect of the proposed redevelopment of the adjoining site (20071561), the Strategic Housing Enabling Team Leader considers that there are other material factors to consider, namely Planning Policy Statement 3 which shows that the minimum national indicative site threshold size is 15 dwellings and the fact that the Local Development Framework Core Strategy sets an affordable threshold at 10 dwellings. Both of these documents Development Control Committee (West) 36 31 January 2008 would similarly trigger the requirement of affordable housing on the application site. Officers do not consider that these documents currently outweigh the saved policies (Policy 56) of the current adopted Local Plan. However, in view of Government advice contained within PPS3 - “Housing”, further legal advice has been sought to confirm that this approach has a firm legal basis. The Committee will be updated orally at the meeting. Subject to resolution of the highway issues the development will accord with Development Plan policy. RECOMMENDATION:Delegated approval subject to no objections from outstanding consultees, further legal advice and receipt of amended drawings to the satisfaction of County Council Highways, and subject to appropriate conditions. 11. 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 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 dwelling 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 deferred at a previous meeting of the Committee to enable negotiations concerning the earlier terraced scheme to take place. Development Control Committee (West) 37 31 January 2008 PARISH COUNCIL 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. Awaiting comments on amended proposal. REPRESENTATIONS Nine letters have been received to the original scheme, two from the same address. 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. 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. Development Control Committee (West) 38 31 January 2008 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. 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 affect 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 - Comments awaited. 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 - Comments awaited. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. Development Control Committee (West) 39 31 January 2008 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 The application was deferred on 8 November 2007 to seek to negotiate a reduction in the number of dwellings on the site, which has been achieved. 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). In respect of impact on the form and character of the Conservation Area, an application for Conservation Area Consent to demolish the existing property is reported below. The Conservation Design and Landscape Manager considers that the building is not worthy of retention and that the proposed re-development would enhance this part of the village. English Heritage previously considered a request to list the building and responded orally that it was not of listable quality. Development Control Committee (West) 40 31 January 2008 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 enhance 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 been re-consulted in respect of the amended plans and Committee will be updated orally. 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. The development as proposed would be in accordance with adopted Development Plan policies. RECOMMENDATION:Delegated authority to approve subject to no new grounds of objection following re-consultation and re-advertisement and subject to the imposition of appropriate conditions. 12. 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 RELEVANT PLANNING HISTORY 20070723 - (Demolition in a Conservation Area) - Demolition of dwelling Withdrawn, 14 Jun 2007 THE APPLICATION Proposes the demolition of a dwelling. Development Control Committee (West) 41 31 January 2008 REASON FOR REFERRAL TO COMMITTEE The application was deferred at a previous meeting of the Committee pending design amendments in respect of application 20071248. 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 11 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. See Appendix 5 for detailed copy of letter of objection received outlining the history of the site. 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. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. Development Control Committee (West) 42 31 January 2008 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 The application was deferred pending design amendments in respect of application 20071248. Representations received have 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. The proposal is considered to be in accordance with adopted Development Plan policies. RECOMMENDATION:Approve subject to the imposition of the following conditions: 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. Development Control Committee (West) 43 31 January 2008 13. 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 At the request of Councillor Combe having regard to the following planning issues: Density of development and need for Committee to visit the site. 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. 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. Development Control Committee (West) 44 31 January 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 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 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 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. Development Control Committee (West) 45 31 January 2008 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. 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. Development Control Committee (West) 46 31 January 2008 14. LANGHAM - 20071789 - Erection of seven dwellings; land at Holt Road/ Swans Close for Hastoe Housing Association MINOR DEVELOPMENT - Target Date :11 Jan 2008 Case Officer :Mr G Lyon (Full Planning Permission) CONSTRAINTS Countryside RELEVANT PLANNING HISTORY 19950507 - (Full Planning Permission) - Erection of cottage and garage Approved, 31 Jul 1995 19980076 - (Full Planning Permission) - Erection of pitched roof over existing flatroofed rear extension Approved, 23 Feb 1998 THE APPLICATION Seeks to erect seven dwellings on a site area of approximately 0.3 ha. The proposed seven dwellings would consist of a pair of two-bed semi-detached properties, a terrace of three properties consisting of one four-bed two-storey dwelling and two two-bed dwellings and a pair of two-bed flats. Access to the site would be gained via two new entrances, one off of Holt Road to serve the pair of two-bed semi-detached dwellings and a link off Swans Close to serve the five other properties. Nineteen car parking spaces are proposed. Proposed external materials include clay pantile to the roofs, painted timber framed windows and doors, and a mixture of facing bricks, flint and fibre-cement weatherboarding. Amended plans received re-positioning Units 1 and 2 approximately 1.2m east. Revised elevational details received. Access position on the Holt Road revised in response to comments from the Parish Council. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Trett having regard to the following planning issues: 1. Local concerns regarding the siting of the dwellings in relation to neighbouring properties. 2. Effect on appearance and character of the area. 3. Need for affordable housing. PARISH COUNCIL No objection but would suggest that the entrance off Holt Road is moved to reduce the impact of lights from cars entering from shining on the dwellings and that no cars be parked on the grass verge to the front. Development Control Committee (West) 47 31 January 2008 REPRESENTATIONS Three letters have been received, two of which are from the same address. Summary of comments:1. The proposal would be detrimental to the tone, character and aesthetic nature of the village. 2. Will result in excessive noise. 3. This is not the best site for affordable housing and the landowner should be asked to re-consider other more suitable sites nearer to the centre of the village and the proposed shop. 4. The proposal would be a highway danger. 5. The proposal should enhance the character of the village. 6. Unit 1 would overlook adjacent dwellings. 7. The land is not wide enough to accommodate the dwellings. 8. The dwellings would be over-bearing upon us and will affect our privacy and quality of life. CONSULTATIONS Conservation, Design and Landscape Manager (Conservation and Design) - No objection in principle subject to further agreement and/or conditions regarding design details. Conservation, Design and Landscape Manager (Landscape) - Awaiting comments. County Council (Highways) - It has been previously stated that preference would be given to the whole of this site being served from the existing estate road, Swans Close. The two dwellings, proposed to be served from Holt Road are, however, to be provided with access visibility splays to requirements given in 'Manual for Streets' (DfT) for the likely vehicular speeds on the adjacent section of carriageway which is subject to a 30mph speed limit. This therefore overrides any sustainable concerns on this aspect of the application. I therefore have no objection to the proposal subject to the imposition of conditions. Re-consulted in respect of amended plans regarding the access position onto Holt Road. Environmental Health - Condition should be attached in respect of waste disposal and external lighting. Strategic Housing - Supports this application which will help meet the identified housing need in Langham and the adjoining civil parishes. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. Development Control Committee (West) 48 31 January 2008 POLICIES Norfolk Structure Plan (Adopted 29 October 1999 - saved policies): 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 - saved policies): Policy 5: The Countryside (prevents general development in the countryside with specific exceptions). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 18: Light Pollution (aims to prevent insensitive lighting schemes to protect residents, traffic safety and environment). Policy 57: Affordable Housing in the Countryside (specifies criteria for 'exception' cases in the Countryside policy area. Sites have to immediately adjoin village boundaries). 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 HO 3: Affordable housing in the Countryside (specifies the exceptional circumstances under which affordable housing developments will be allowed in the Countryside policy area). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 6: Sustainable construction and energy efficiency (specifies sustainability and energy efficiency requirements for new developments). Policy CT 5: The transport impact of new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUES FOR CONSIDERATION 1. Principle of development. 2. Design. 3. Highway safety. 4. Landscaping. APPRAISAL The application site, whilst located in the Countryside policy area, is adjacent to the settlement boundary of the selected small village of Langham. As such the application would comply with adopted North Norfolk Local Plan Policy 57 (b) and, subject to the proposal complying with the other requirements of Policy 57 and other relevant Local Plan Policies, it is acceptable in principle. It is considered that the affordable housing scheme would comply with the requirements of Policy 57 of the adopted Local Plan. In respect of design, the applicant has adopted a traditional approach fronting onto Holt Road and a more modern approach at the rear of the site. Subject to the use of quality external materials and appropriate landscaping, this is considered acceptable. Development Control Committee (West) 49 31 January 2008 In respect of highway considerations, County Highways have been re-consulted in respect of amendments to the access onto Holt Road, which had been suggested by Langham Parish Council. Committee will be updated orally in respect of this matter. Adjacent residential properties are of mixed character, ranging from C20 singlestorey bungalows to the west, one-and-a-half storey dwellings and two-storey properties on the opposite side of Holt Road. The relationship with neighbouring properties is considered acceptable. In respect of landscaping and impact on the wider countryside, it is accepted that the dwellings would be visible from distance in some directions and there is a need to consider how boundary treatment would soften the visual impact of development. Subject to receipt of appropriate landscaping scheme the proposal is considered acceptable. In summary it is considered that, subject to no new grounds of objection from County Highways and the imposition of appropriate conditions, the proposal would comply with adopted Development Plan policies. RECOMMENDATION: Delegated authority to approve subject to no new grounds of objection from County Highways and subject to the imposition of appropriate conditions including a full landscaping scheme and materials schedule. 15. 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 Referred 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. Development Control Committee (West) 50 31 January 2008 REPRESENTATIONS 7 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. 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. 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 Development Control Committee (West) 51 31 January 2008 it is recognised that siting is not a matter to be considered as part of this application it has to be pointed out that if 22 flats are ultimately to be considered acceptable they would need to be provided in a far more compatible, additive way. Certainly the rather functional indicative elevations do little to convince us that the scheme would preserve or enhance the Conservation Area. In the event of the other consultees being happy with this proposal Conservation and Design would welcome the opportunity to devise a note for any approval advising that the units would need to be delivered in an altogether different form. County Council (Highways) - You will be aware that the Highway Authority has previously expressed a preference for a car free development on this site. The provided details of the existing uses and vehicular movements associated with those uses indicates that this proposal would not be likely to increase the vehicular use of the poorly located access/egress points onto High Street. Accordingly, and notwithstanding the above preference, subject to vehicular access only being from between no’s 37A and 37B High Street and egress being from the south of no.47 High Street I can have no objection to the granting of permission. The above access/egress arrangement should be suitably conditioned and I would welcome the opportunity to comment further at the reserved matters stage. 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. Development Control Committee (West) 52 31 January 2008 The site is currently used as garage/workshops and therefore residential development would not detract from retailing as the prime function of that area. Residential development on the scale proposed would, however, prejudice future retail redevelopment of the site. Emerging policy in the LDF Core Strategy includes Policy SS12, Sheringham. This states that between 500 to 750sq.m of new comparison goods retail floorspace will be accommodated in Sheringham. Suitable sites for development of new retail floorspace will be allocated in the Site Specific Proposals document and a suitable central site for a market will be safeguarded. This need for additional comparison goods floorspace in the Sheringham area was identified in the DTZ North Norfolk Retail and Commercial Leisure Study, 2005, which has been adopted for the purposes of informing planning policy and development control decisions. The study found capacity for new comparison goods floorspace of 3,700 to 7,700sq.m net (depending on trading efficiencies and other variables) in the Cromer/Holt/Sheringham zone. The Core Strategy divides this up between Cromer (5,000sq.m) and Sheringham (500-750sq.m). The Central Garage site and surrounding area is one of few areas in Sheringham town centre that would appear suitable to accommodate substantial new comparison goods floorspace. Core Strategy policy EC5 directs new retail and leisure proposals to Primary Shopping Areas or the next best sequentially available sites in towns. This site is adjacent to the proposed Primary Shopping Area in Sheringham and is therefore considered one of the most appropriate sites to accommodate such development. Development of this site for other purposes could result in sequentially less preferable sites being allocated/developed. It should be demonstrated that loss of the site will not prejudice Policy SS12 objectives of expanding the comparison goods offer in Sheringham. The LDF Site Specific Proposals preferred options document that was consulted upon in September 2006 identified the site and surrounding land as a 'retail opportunity site'. It stated that this is a valuable town centre location and redevelopment for a range of commercial and other uses would expand the opportunities available in the town centre and improve the townscape. The retail opportunity site included the telephone exchange, library and shops to the south as well as the builder's yard to the rear and other land in the area (see page 101). Work on the Site Specific Proposals document is, however, at an early stage and there can be no certainty that this site will come forward as an allocation. The form and design of the proposal is a relevant concern and it is considered that the proposal as submitted would not comply with existing and emerging polices seeking high quality design and development that harmonises with the townscape and general character of the area in which they are sited. Existing Local Plan Policies 13 and 42 are relevant here, along with emerging Core Strategy policies EN4 and EN8. National guidance in PPS3 and PPS1 also requires high quality inclusive design. PPS1 states that design which is inappropriate in its context, or which fails to take the opportunity to improve the character and quality of an area should not be accepted (paragraph 34). PPS3 states that good design is fundamental to the development of new high quality housing which contributes to the creation of sustainable mixed communities. Emerging Core Strategy Policy HO2 requires 45% affordable housing provision on schemes of 10 or more dwellings. PPS3, Housing, sets a national indicative minimum site size threshold of 15 dwellings until local thresholds are set (paragraph 29). There is a high local need for affordable housing and the 2007 Strategic Market Housing Assessment prepared for the Authority by Fordham Research suggests that in excess of 900 affordable dwellings are needed per year. Further details are provided in paragraphs 3.2.6 to 3.2.12 of the Core Strategy. The proposal does not seem to incorporate any such requirements. Emerging Core Strategy Policy EN6 also requires that all proposals demonstrate how energy use and resource consumption have been minimised and that proposals of Development Control Committee (West) 53 31 January 2008 more than 10 dwellings include on-site renewable energy technology to provide for at least 10% of predicted total energy usage. These considerations need to be integrated from the outset rather than 'bolted on' at the end and we would expect to see more details on this aspect in an energy consumption statement. This is supported by PPS22 which states that Local Planning Authorities may require a percentage of the energy to be used in new residential, commercial or industrial developments to come from on-site renewable energy development (paragraph 8). PPS3 says applicants should bring forward sustainable, environmentally friendly new housing developments and should reflect the approach set out in the forthcoming PPS on climate change and the Code for Sustainable Homes (paragraphs 12 and 15). HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. 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). Development Control Committee (West) 54 31 January 2008 Policy EN 13: Pollution and hazard prevention and minimisation (minimises pollution and provides guidance on contaminated land and Major Hazard Zones). Policy CT 2: Developer contributions (specifies criteria for requiring developer contributions). Policy CT 5: The transport impact of new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUES FOR CONSIDERATION 1. Appropriate use of town centre location? 2. Prejudicial to future options for retail development in the town centre? 3. Impact upon surrounding properties. 4. Impact on the Conservation Area. 5. Highway safety and off-street parking provision. APPRAISAL This application was deferred at the December meeting to enable Members to visit the site. It was again deferred at the last meeting 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. 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. Development Control Committee (West) 55 31 January 2008 The agent has, therefore, been asked to respond to the requirements of Policies HO2 (Affordable housing) and EN6 (Sustainable construction). It has also been requested that his client consider the introduction of an element of retail development on the ground floor as this site would be appropriate for a mixed development, lying within the town centre (Local Plan Policy 7) and adjacent to the Core Retail area (Local Plan Policy 79). The buildings which currently occupy the site are of no special quality and the application presents an opportunity to enhance the appearance of this part of the Conservation Area. Members will note the comments of the Conservation, Design and Landscape Manager in this respect. Clearly the present indicative proposals would have to be substantially reworked in order to achieve this objective. Care would also have to be taken at reserved matters stage to ensure that the development relates satisfactorily to all neighbouring residential properties, particular care being needed with regard to the adjoining dwelling to the north which is set at a lower level than the application site. 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. At the time of writing this report further comments from the agent were awaited in response to the formal request for the inclusion with the proposals of an element of commercial floorspace. RECOMMENDATION:The Committee will be updated orally at the meeting. 16. SHERINGHAM - 20071735 - Demolition of dwelling and erection of three flats; 18 New Street for B S F Norfolk Limited MINOR DEVELOPMENT - Target Date :02 Jan 2008 Case Officer :Mr M Gannon (Full Planning Permission) CONSTRAINTS Residential RELEVANT PLANNING HISTORY 19780792 - Change of use from guest house to three flats Approved, 10 Jul 1978 20000435 - (Full Planning Permission) - Change of use from guesthouse to residential dwelling Approved, 12 May 2000 20071052 - (Full Planning Permission) - Erection of first floor residential apartment with parking beneath and erection of two-storey dwelling (Adjacent site) Approved, 04 Jan 2008 Development Control Committee (West) 56 31 January 2008 THE APPLICATION Demolition of three-storey house on corner site and erection of replacement building comprising two three-bed and one one-bed self contained flats on three floors. The proposed building has been designed in a traditional form but with a contemporary slant featuring bays, balconies and triangular dormers. Externally the building would be finished in a mix of red brick, render and red plain tile cladding, joinery and barge boards in grey stained timber and a roof of red clay pantiles. The building would occupy a similar footprint to the present building with a small front garden to the road frontages. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Hannah having regard to the following planning issues: 1. Impact on neighbouring property. 2. Design of proposed building. TOWN COUNCIL No objection. REPRESENTATIONS One letter from the owner of the adjoining property in New Street (summarised):1. Concerned for the stability of adjoining house when the existing building is demolished. 2. Although the application property was last used as bed and breakfast accommodation it was originally constructed and designed as a dairy with stables to the rear. My property was the dairy man’s house with the current party wall originally serving a function only as an internal partition. 3. Possible overlooking/loss of privacy arising from use of proposed balcony on front elevation. 4. How is the windowless bathroom at ground floor to be ventilated? CONSULTATIONS County Council (Highways) - The proposal involves the demolition of an existing large dwelling (believed to have been seven bedroomed) and its replacement with three flats providing a similar level of accommodation. I also understand the existing premises was previously used as a guest house. I assume that at least one parking space will be allocated to this development from the recently approved scheme on the neighbouring site (20071052). However, even if this is the case the on-site parking provision is only 60% which suggests that a degree of on-street parking is likely to occur in the adjacent area. Although aware of on-street parking difficulties that can occur in this locality; with consideration of the previous use of the site, location and Government advice given in PPG13 I can have no objection to the granting of permission. Environmental Health - No comment. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8 : The right to respect for private and family life, and Article 1 of The First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. Development Control Committee (West) 57 31 January 2008 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 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 HO 1: Dwelling mix and type (specifies type and mix of dwellings for new housing developments). 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 CT 5: The transport impact of new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUES FOR CONSIDERATION 1. Design and appearance of proposed development. 2. Impact on adjoining dwelling. APPRAISAL The site is designated as residential in the Local Plan. Planning permission was recently granted for the redevelopment of the adjoining site to the east. The approved scheme (application ref. 20071052) provided for the erection of a first floor flat on the Melbourne Road frontage with parking beneath and the erection of a dwelling to the rear. The replacement building proposed on the current site would link into the approved development. The existing building is of no particular architectural merit or quality. The proposed replacement building, although of a similar bulk and scale, would result in a more interesting building to the benefit of the street scene. The comments of the adjoining property owner are noted. Considerable care would clearly need to be taken, particularly when the existing building is demolished, to ensure that no damage occurs to the internal wall separating the two properties. The applicant is, however, aware of the requirements of the Party Wall legislation and the neighbour's concerns in this respect do not provide a material ground to justify a planning refusal. With regard to the potential overlooking it is not considered that the proposed balconies would afford views which could significantly detract from any neighbouring properties given the distance from the site boundaries and minor projection forward of the building line. The window-to-window distances to neighbouring properties do not meet the Design Guide’s basic amenity criteria but are no worse than the existing situation. Development Control Committee (West) 58 31 January 2008 The adopted parking standards dictate a minimum provision of three off-street spaces in connection with the proposed development. However, in the light of the previous (lawful) use of the property as bed and breakfast accommodation and given the response from County Council (Highways) it is not considered that a refusal of planning permission based on this shortfall alone would be reasonable or justifiable. The proposal does not significantly conflict with Development Plan policy and is recommended for approval. RECOMMENDATION:CONDITIONS:- APPROVE, SUBJECT TO THE FOLLOWING 2) No development shall be commenced until precise details of the materials to be used in the construction of the external walls and roofs 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. 3) The balcony balustrades on the front and side elevations of the building hereby permitted shall be constructed in accordance with precise details which shall have been submitted to and approved, in writing by the Local Planning Authority beforehand. REASONS:2) 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. 3) 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. 17. UPPER SHERINGHAM - 20071615 - Conversion of former public house to two dwellings, demolition of outbuildings and erection of two-storey dwelling; former Red Lion Public House The Street for John Aston’s Children’s Settlement MINOR DEVELOPMENT - Target Date :12 Dec 2007 Case Officer :Mr G Lyon (Full Planning Permission) CONSTRAINTS Area of Outstanding Natural Beauty Archaeological Site Residential Selected Small Village RELEVANT PLANNING HISTORY 20030593 - (Full Planning Permission) - Erection of two-storey extension and conservatory Refused, 12 May 2003 20030974 - (Full Planning Permission) - Erection of two-storey extension and conservatory Approved, 20 Nov 2003 20050636 - (Outline Planning Permission) - Change of use of barn to public house Approved, 2 Feb 2006 Development Control Committee (West) 59 31 January 2008 20051834 - (Full Planning Permission) - Conversion of public house to two dwellings and erection of detached two-storey dwelling Refused, 11 Apr 2006 20070735 - (Full Planning Permission) - Extension and conversion of barn to public house (including manager's flat) with guest accommodation Approved, 9 Oct 2007 THE APPLICATION Permission sought to convert the existing public house to form one two bedroom dwelling and one three bedroom dwelling and erect a detached two-storey two bedroom property to the rear of the pubic house. The works to the existing building would require internal alterations and the erection of 1.25m high brick and flint walls to the rear in order to create small garden areas. The dwelling to the rear would be 6.7m wide with a maximum depth of 6.2m thus giving an overall footprint of approximately 41sq.m. The dwelling would have a height to eaves of 4.5m and a height to ridge of 6.7m. Entrance to the detached property would be on the eastern side with a rear amenity area to the west surrounded by a new 1.25m high brick and flint wall. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Sweeney having regard to the following planning issues: Compliance with Local Plan Policy 87 and to ensure that Ushers Barn is operational as a public house prior to the first occupation of the proposed dwellings. PARISH COUNCIL No objection subject to condition requiring new public house at Ushers Barn being made operational as a public house, prior to the implementation of this permission. CONSULTATIONS Conservation, Design and Landscape Manager (Conservation and Design) - Existing windows must be retained and repaired. Materials on new dwelling shall match those of the existing Red Lion building, samples to be agreed. Size and finish of new flintwork shall match the existing as seen at the Red Lion. County Council (Highways) - No objection subject to provision of car parking spaces in car park opposite. 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). Development Control Committee (West) 60 31 January 2008 Policy 42: Development in Conservation Areas (developments should preserve or enhance character). Policy 87: Country Pubs (only allows change of use to other purposes if there is another public house nearby or retention is proven to be unviable). Policy 153: Car Parking Standards (specifies parking requirements for different use classes within different Local Plan policy areas). North Norfolk Core Strategy (Submission Document): Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). Policy HO 2: Provision of affordable housing (specifies the requirements for provision of affordable housing and/or contributions towards provision). Policy HO 8: House extensions and replacement dwellings in the Countryside (specifies the limits for increases in size and impact on surrounding countryside). Policy EN 1: Norfolk Coast Area of Outstanding Natural Beauty and The Broads (prevents developments which would be significantly detrimental to the areas and their setting). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 6: Sustainable construction and energy efficiency (specifies sustainability and energy efficiency requirements for new developments). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUES FOR CONSIDERATION 1. Principle of development/compliance with Local Plan Policy 87 - Country Pubs. 2. Impact on the character and appearance of the Conservation Area. 3. Impact on the Norfolk Coast Area of Outstanding Natural Beauty. 4. Residential amenity. 5. Highway safety. APPRAISAL Given that the Red Lion public house and site of the proposed detached dwelling lie within the development limits of Upper Sheringham, the principle of residential development is acceptable subject to compliance with other Local Plan policy criteria, including Policy 87. Subject to conditions relating to finish and detailing, the proposals are considered to comply with the requirements of Local Plan Policy 42, in preserving the appearance of the Conservation Area. Upper Sheringham lies entirely within the Area of Outstanding Natural Beauty (AONB) within which the prime planning consideration will be the conservation and enhancement of the beauty of the area. Given the fact that the proposal would be viewed against the backdrop of existing development, it is not considered that the proposal would have a significantly detrimental impact on the AONB. Although there is a close relationship with adjacent residential properties and the Design Guide basic amenity criteria are not met, it is considered that the proposal is unlikely to affect significantly the residential amenity of occupiers of surrounding dwellings. The proposed dwellings themselves would be closely-knit with some degree of mutual overlooking. However, it is considered that this would not be so materially harmful as to warrant refusal in its own right. Both gables of the detached unit are blank and the orientation of the building would result in no direct window-towindow relationships. The units only have small rear gardens/yards but this is in keeping with the character of the area. Development Control Committee (West) 61 31 January 2008 There are no highway objections to the proposed development subject to retention of use of car park opposite for parking and turning. The applicant has confirmed that the existing car park opposite would be retained for car parking purposes. In respect of Policy 87, the principal concern is that, in the worst case scenario and without proper safeguards, Upper Sheringham could be left without a public house. The applicants have planning permission to convert nearby Ushers Barn in the village to a public house. An appropriate safeguard would be the imposition of a Grampian style condition or Section 106 Agreement preventing commencement or occupation of the new dwellings until such time as the Ushers Barn public house is commenced or fully completed and operational in accordance with planning permission 20070735. Whether such a restrictive condition should be imposed only on the two cottages to be created within the former Red Lion is a matter for debate. Officers consider that such a condition should only be imposed where there are clear reasons for doing so that are relevant to the development proposed, in accordance with Circular 11/95. The applicant has asserted that the new dwelling at the rear of the site should not have a restrictive condition because it is not used in connection with the former Red Lion. However, it is understood that there were some ancillary storage elements and the gentleman’s toilets were also located in this building on the rear part of the site. On that basis officers consider that a restrictive condition or Agreement should apply to all three units. At the time of writing this report discussions are taking place with the Council’s Legal and Enforcement Manager as to the preferred course of action in respect of conditions or Section 106 Agreement. The views of the agent have also been sought on this matter. Subject to agreement on either safeguarding conditions or a Section 106 Agreement and the imposition of appropriate conditions, it is considered that the proposal would accord with adopted Development Plan policies. RECOMMENDATION Delegated authority to approve the application subject to either an Agreement under Section 106 of the Town and Country Planning Act, 1990 (as amended) or conditions restricting works or occupation of the dwellings until such time as a contract has been let for the development and works have been carried out/completed and other appropriate conditions. 18. 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 Development Control Committee (West) 62 31 January 2008 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 At the request of Councillor Sweeney having regard to the following planning issues: 1. Visual Impact 2. Impact upon Conservation Area PARISH COUNCIL Awaiting comments. 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 neighbours 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. Development Control Committee (West) 63 31 January 2008 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). 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 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. Development Control Committee (West) 64 31 January 2008 RECOMMENDATION:Delegated authority to approve subject to no objections from the Parish Council and the imposition of the following conditions: 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. 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. 19. WELLS-NEXT-THE-SEA - 20071932 - Erection of two-storey dwelling; site rear of 18 Church Street for Mr J Starns MINOR DEVELOPMENT - Target Date :05 Feb 2008 Case Officer :Mr M Gannon (Full Planning Permission) CONSTRAINTS Residential Conservation Area Development Control Committee (West) 65 31 January 2008 RELEVANT PLANNING HISTORY 19840029 - Proposed chalet style bungalow of traditional design to be used as dwelling Refused, 06 Mar 1984 20071931 - (Full Planning Permission) - Erection of three one and a half storey terraced dwellings Withdrawn, 08 Jan 2008 THE APPLICATION Subdivision of residential curtilage and erection of two-storey detached two-bedroom house on tandem plot to rear. The proposed dwelling is of a traditional appearance with walls of red brick with eaves dentil course, a roof of clay pantiles and painted softwood joinery. The proposed dwelling would have an enclosed rear garden with a depth measuring approx. 5m and width 11m. The garden space to the rear of the existing property would be of a similar depth but with a narrower width of approx. 9.5m. Off-street parking for existing and proposed dwellings is proposed to the side of the existing dwelling with access from Church Street to the north. An amended site plan has been submitted clarifying the extent of the proposed offstreet parking area. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Savory having regard to the following planning issues: 1. Cramped nature of the site. 2. Awkward vehicular access across area frequently obstructed by parked vehicles. TOWN COUNCIL Objects. We have concerns over the parking arrangements. It would appear to be unlikely that two cars can be parked beside No. 18 Church Street without blocking access to the footpath to Waveney Close. Whilst this is obviously a better plan than the alternative for three dwellings on the site it still appears to be overdevelopment (Policy 13). REPRESENTATIONS Six letters of objection from nearby residents (summarised):1. Unrealistic off-street parking layout. Too cramped for two vehicles and reliant upon access through public parking area in Church Street. 2. Further on-street parking in Waveney Close is likely to result. Thoughtless parking in Waveney Close, particularly in the turning head adjoining the application site already causes problems for residents. This problem will be exacerbated by the current proposals. 3. Ugly timber fencing has been installed on the site. 4. Overdevelopment of site. 5. Vehicles accessing the parking area will endanger pedestrians using the public footpath. 6. Tandem development does not reflect the pattern of development in the town. CONSULTATIONS Conservation, Design and Landscape Manager (Conservation and Design) - Awaiting comments. County Council (Highways) - Whilst I would have preferred to see this proposal take vehicular access directly from Waveney Close I do not believe a Highway objection to be sustainable. Development Control Committee (West) 66 31 January 2008 Although providing parking space within the curtilage of the existing dwelling, 18 Church Street, it should be noted that any additional vehicular parking is likely to occur adjacent to the site on Waveney Close. Should your Authority be minded to approve the application the standard condition should be appended requiring provision and maintenance of the access and on-site parking area indicated on the submitted drawing. 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 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 14: Wells-next-the-Sea (identifies strategic development requirements). 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 CT 5: The transport impact of new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUES FOR CONSIDERATION 1. Relationship to neighbouring properties. 2. Highway safety and convenience. 3. Character and appearance of the Conservation Area. APPRAISAL This site is designated as residential in the Local Plan and lies at the southern edge of the Conservation Area. The site is enclosed by high brick walls on the south and east boundaries and has a frontage to Waveney Close on its west boundary. However, there is no right of access from the site onto Waveney Close since a strip of land in third party ownership separates it from the public highway. Development Control Committee (West) 67 31 January 2008 Garden sizes for the existing and proposed dwellings fall well short of the minimum of 10m required by the Local Plan basic amenity criterion. However the garden sizes are similar to others fronting Church Street in the vicinity of the site and the relationship to neighbouring properties is considered acceptable. In these respects the proposals reflect the character of the surrounding area and, accordingly, it is not considered that this conflict with the Basic Amenity Criteria provides a reason to refuse permission. The comments of the Town Council and surrounding residents regarding issues of highway safety and convenience are noted. However, Members will note that County Council Highways are raising no objection to the proposals. At the time of writing the Conservation, Design and Landscape Manager’s comments are awaited. Subject to no objections being raised in respect of impact on the character and appearance of the Conservation Area, the application will be recommended for approval. The proposal does not significantly conflict with Development Plan policy. RECOMMENDATION:Delegated approval subject to appropriate conditions subject to no objections from the Conservation, Design and Landscape Manager. 20. APPLICATIONS APPROVED UNDER DELEGATED POWERS BARSHAM - 20071819 - Erection of garden room and stables; Red House Green Way North Barsham for Mr and Lady Chapman (Full Planning Permission) BARSHAM - 20071820 - Erection of stable block and garden room; Red House Green Way North Barsham for Mr F Chapman (Alteration to Listed Building) BINHAM - 20071695 - Construction of dormer window; Apple Garth Langham Road for Mr and Mrs J Hill (Full Planning Permission) BLAKENEY - 20071240 - Erection of first floor extension and ground floor covered area; Flintwell Lodge Coronation Lane for Mr P Millward (Full Planning Permission) BLAKENEY - 20071730 - Erection of porch; New Barn Farm Saxlingham Road for Mr E Cubitt (Full Planning Permission) BLAKENEY - 20071769 - Retention of annexe with revised materials, gable window position and rooflight; Ruberry Cottage Back Lane for Mr and Mrs Pemble (Full Planning Permission) BLAKENEY - 20071860 - Erection of front extension and attached double garage; 22 Kingsway for Mr N E Buckingham (Full Planning Permission) Development Control Committee (West) 68 31 January 2008 BLAKENEY - 20071900 - Internal alterations and alterations to dormer windows; 2 The Granary High Street for J Cary and C Barnard (Alteration to Listed Building) BRINTON - 20071915 - Erection of replacement orangery; Lantern Barn Lower Hall Lane Sharrington for Mr and Mrs R Dubbins (Full Planning Permission) BRISTON - 20071710 - Erection of single-storey side/front extension; 42 The Lanes for Mr T Turner (Full Planning Permission) BRISTON - 20071724 - Erection of single-storey side/rear extension; 25 Mill Lane for Mr and Mrs S Kennedy (Full Planning Permission) BRISTON - 20071825 - Conversion and extension of garage/workshop to provide holiday accommodation; Copper Beech 63a Church Street for Mr and Mrs S Chapman (Full Planning Permission) CLEY-NEXT-THE-SEA - 20071351 - Conversion of barn to three units of holiday accommodation and construction of new building as a fourth unit of holiday accommodation; Swan Lodge Barns Cley Road Holt for Swan Lodge Barns Developments LLP (Full Planning Permission) CLEY-NEXT-THE-SEA - 20071703 - Erection of single-storey rear extension; Thornhill Farm Bridgefoot Lane for Mr and Mrs McDonald (Full Planning Permission) CORPUSTY - 20071741 - Erection of single-storey side extension/conservatory, porch and detached double garage; Norwood Cottage Briston Road Saxthorpe for Mr J Redman (Full Planning Permission) FAKENHAM - 20071450 - Change of use from recreation area to residential garden in connection with adjoining property; land at North Park for Fakenham Town Council (Full Planning Permission) FAKENHAM - 20071569 - Erection of single-storey front extension; 26 Southgates Drive for Mr B Howard (Full Planning Permission) FAKENHAM - 20071781 - Erection of two-storey front extension and rear dormer extension; 22 North Drive for Mr and Mrs I Greenaway (Full Planning Permission) FAKENHAM - 20071827 - Erection of single-storey extension; 49a Wells Road for Mr and Mrs White (Full Planning Permission) Development Control Committee (West) 69 31 January 2008 FAKENHAM - 20071977 - Erection of front extension; 10 North Drive for Mrs P Riseborough (Full Planning Permission) FAKENHAM - 20071979 - Erection of single-storey side/rear extension; 28 Field Lane for Mr and Mrs Sherwood (Full Planning Permission) FAKENHAM - 20071666 - Demolition of existing dwelling and garage and erection of two dwellings; 17 Smiths Lane for Mr and Mrs James-Allison (Full Planning Permission) FAKENHAM - 20071668 - Installation of replacement automated teller machine (ATM); Barclays Bank PLC 17 Market Place for Killby and Gayford Limited (Full Planning Permission) FAKENHAM - 20071669 - Replacement of automated teller machine (ATM); Barclays Bank PLC 17 Market Place for Killby and Gayford Limited (Alteration to Listed Building) FAKENHAM - 20071675 - Display of illuminated advertisement; Barclays Bank PLC 17 Market Place for Killby and Gayford Limited (Illuminated Advertisement) FAKENHAM - 20071707 - Erection of first floor side extension; 21 Gwyn Crescent for Mr S Clare (Full Planning Permission) FAKENHAM - 20071714 - Continued siting of portable building; Fakenham Town Gasworks Museum Trust Hempton Road for Dr E M Bridges (Full Planning Permission) FAKENHAM - 20071756 - Erection of two-storey rear extension; Bridge Farm Hempton Road for Mr H Broughton (Full Planning Permission) FAKENHAM - 20071862 - Display of illuminated advertisements; Co-op Pharmacy Holt Road for C W S Retail Financial Services (Illuminated Advertisement) FULMODESTON - 20071665 - Erection of single-storey side extension; George Barn The Street Barney for Mrs J Hopkins (Full Planning Permission) FULMODESTON - 20071792 - Conversion and extension of outbuildings to domestic accommodation; Wood Farm The Street Barney for Mr D T H Astley (Alteration to Listed Building) GRESHAM - 20071115 - Conversion of outbuilding to three units of holiday accommodation and erection of detached garage; Church Farmhouse Cromer Road Lower Gresham for Mr Windley (Full Planning Permission) HEMPSTEAD - 20071726 - Erection of detached garage with annexe accommodation above; Hawksmere Holt Road for Mr and Mrs Hunt (Full Planning Permission) Development Control Committee (West) 70 31 January 2008 HEMPTON - 20071719 - Erection of rear extension to garage; Vine Lodge 23a Shereford Road for Mr and Mrs Steade (Full Planning Permission) HIGH KELLING - 20071746 - Erection of single-storey side and rear extensions; 6 Pineheath Road for Mr and Mrs A Humphries (Full Planning Permission) HINDOLVESTON - 20071803 - Erection of first floor side extension; 67a The Street for Mr and Mrs M Howes (Full Planning Permission) HINDOLVESTON - 20071886 - Retention of conservatory; 7 The Street for Mr Patel (Full Planning Permission) HOLT - 20071546 - Erection of garage/stable with storage above; The Laurels Norwich Road for Mr and Mrs A Eke (Full Planning Permission) HOLT - 20071591 - Retention of partially constructed garage with games room above; Barn 7, Holt Lodge Norwich Road for James Brown Developments LLP (Full Planning Permission) HOLT - 20071729 - Erection of single-storey extension; 1 Lodge Close for Mr C H Fountain (Full Planning Permission) HOLT - 20071799 - Erection of single-storey side extension; 9 Coronation Road for Mr J Rix (Full Planning Permission) HOLT - 20071846 - Erection of rear conservatory; 12 Norman Cockaday Court Peacock Lane for Mr D A Culmer (Full Planning Permission) LITTLE SNORING - 20071800 - Installation of two rooflights and window; White House Barn The Street for Mr R Ansell (Full Planning Permission) MELTON CONSTABLE - 20071658 - Erection of replacement agricultural storage building; Dairy Farm House Melton Park Hindolveston Road for Mr B Lockhart (Full Planning Permission) MELTON CONSTABLE - 20071785 - Conversion of dwelling into two houses and erection of two semi-detached dwellings; Hastings Arms Briston Road for Mrs R Wilson (Outline Planning Permission) MORSTON - 20071815 - Erection of replacement dwelling; North Down Blakeney Road for Mr and Mrs Burton (Full Planning Permission) Development Control Committee (West) 71 31 January 2008 RYBURGH - 20071656 - Installation of bay window and erection of detached garage/store; 146 Fakenham Road Great Ryburgh for Mr and Mrs D Bunting (Full Planning Permission) SCULTHORPE - 20051033 - Certificate of lawfulness for existing use of land for the storage of caravans; land rear of The Firs 21a Moor Lane for Mr B H Woodhouse (Certificate of Lawfulness) SHERINGHAM - 20071793 - Erection of single-storey side extension and detached garage; 6 Suffolk Road for Mr and Mrs S Poole (Full Planning Permission) STIBBARD - 20071659 - Conversion of barns to two units of holiday accommodation; Grove Farm Barns Guist Bottom Road for Mr and Mrs Spencer-Ashworth (Full Planning Permission) STIBBARD - 20071660 - Alterations to barns to provide two units of holiday accommodation; Grove Farm Barns Guist Bottom Road for Mr and Mrs Spencer-Ashworth (Alteration to Listed Building) STIFFKEY - 20071767 - Retention of re-instated first floor partition wall; River House 1 Bridge Street for Mr and Mrs Bradley (Alteration to Listed Building) STIFFKEY - 20071784 - Conversion to holiday dwelling; The Treatment Room 80-82 Wells Road for Mr W Hickey (Full Planning Permission) TATTERSETT - 20071651 - Conversion of agricultural buildings to four holiday units; Wicken Pond Farm Tattersett Road Syderstone for Townsfolk Limited (Full Planning Permission) WELLS-NEXT-THE-SEA - 20071506 - Continued use of land for siting storage container; Pinewoods Holiday Park Beach Road for Pinewoods Partnership (Full Planning Permission) WELLS-NEXT-THE-SEA - 20071801 - Erection of rear conservatory; 34 High Street for Mr H Purchas (Alteration to Listed Building) WELLS-NEXT-THE-SEA - 20071832 - Installation of door and window to reception centre; Pinewoods Holiday Park Beach Road for Pinewoods (Full Planning Permission) WELLS-NEXT-THE-SEA - 20071892 - Erection and extension of dormer windows; Oaklands Bases Lane for Mrs R Burns (Full Planning Permission) WELLS-NEXT-THE-SEA - 20071933 - Retention of bicycle and dinghy store; 17 Mill Court for Mr I Curtis (Full Planning Permission) Development Control Committee (West) 72 31 January 2008 WEYBOURNE - 20071783 - Installation of brick infill to 2 redundant windows in north elevation of garage; Crown House The Street for Mr D Miller (Full Planning Permission) WOOD NORTON - 20071770 - Erection of side conservatory; Rose Bank Hall Lane for Mr P Mead (Full Planning Permission) 21. APPLICATIONS REFUSED UNDER DELEGATED POWERS BRISTON - 20071773 - Erection of two semi-detached bungalows; land rear of Hastings Court for Mr R Eggleton (Outline Planning Permission) FAKENHAM - 20071772 - Erection of single-storey dwelling; 14 Thorpland Road for Executors of The Late Mr R Lane (Outline Planning Permission) GREAT SNORING - 20071697 - Change of use from chapel to residential; Thursford Castle Thursford Road for Mr Grigg (Full Planning Permission) HINDOLVESTON - 20071661 - Demolition of garage/workshop and erection of two dwellings; land adjacent 57 The Street for Mr and Mrs Parker (Outline Planning Permission) HOLT - 20071682 - Demolition of outbuildings and erection of single-storey dwelling and double garage; 19 Peacock Lane for Mr and Mrs Perrett (Outline Planning Permission) RAYNHAM - 20071725 - Demolition of single-storey extension and erection of two-storey rear extension; 5 The Drove West Raynham for Mr D Elfleet (Full Planning Permission) SHERINGHAM - 20071683 - Erection of one and a half storey dwelling; 43 Nelson Road for Mr A Holbrook (Outline Planning Permission) SHERINGHAM - 20071779 - Continued use of ground floor flat as 2 separate residential units; 17 Waterbank Road for Mr C Simpson (Full Planning Permission) SHERINGHAM - 20071681 - Erection of two-storey dwelling and double garage; land at 10 Abbey Road for Mr and Mrs P Francis (Full Planning Permission) SHERINGHAM - 20071699 - Erection of rear conservatory and extension and conversion of outbuilding to provide annexe accommodation; 2 The Rise for Mr P Ratcliffe (Full Planning Permission) SHERINGHAM - 20071796 - Formation of vehicular access; 51 Holway Road for Mr and Mrs J Olsen (Full Planning Permission) Development Control Committee (West) 73 31 January 2008 APPEALS SECTION 22. NEW APPEALS SHERINGHAM - 20070217 - Demolition of buildings, including dwellings, and erection of A1 retail foodstore with associated access, car parking and servicing and provision of footpath link to Station Road; land at Cromer Road for Tesco Stores Limited PUBLIC INQUIRY 23. 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 CLEY-NEXT-THE-SEA - 20070922 - Demolition of summerhouse and erection of annexe; Umgeni Coast Road for Lady Rathcavan PUBLIC INQUIRY MATLASKE - 20061840 - Conversion of former forge to ancillary residential accommodation; The Forge The Street for Mr and Mrs Kokelaar INFORMAL HEARING 08 Jan 2008 SHERINGHAM - 20030991 - Demolition of buildings, including dwellings, and erection of A1 retail foodstore with associated access, car parking, servicing and landscaping; land at Cromer Road for Tesco Stores Limited PUBLIC INQUIRY 24. WRITTEN REPRESENTATIONS APPEALS - PROGRESS EDGEFIELD - 20070871 - Erection of two-storey dwelling; land at Green Farm Norwich Road for Mr D Sands STIBBARD - 20070195 - Demolition of conservatory and garage and erection of replacement extension; Moor End House Moor End Road for Mr and Mrs Pierce-Roberts SITE VISIT :- 07 Jan 2008 25. APPEAL DECISIONS None. Development Control Committee (West) 74 31 January 2008 Development Control Committee (West) 75 31 January 2008