OFFICERS REPORTS TO
JOINT MEETING OF DEVELOPMENT CONTROL COMMITTEE (EAST & WEST)
16 FEBRUARY 2006
Each report for decision on this Agenda shows the Officer responsible, the recommendation
of the Head of Planning and Building Control and in the case of private business the
paragraph(s) of Schedule 12A to the Local Government Act 1972 under which it is
considered exempt. None of the reports have financial, legal or policy implications save
where indicated.
PUBLIC BUSINESS - ITEM FOR DECISION
1.
MUNDESLEY - 20051131 - Change of use from C1 (hotel) to C2 (residential care
home) at Ingleside Hotel, Cromer Road for Dr T Tiburtius
To consider whether to grant planning permission for the change of use of hotel
premises to a residential care home for the accommodation of adolescents with
learning difficulties.
Background
This application was considered by Development Control Committee (East) on 17
November 2005, when it was resolved to refuse permission on policy grounds
relating to the loss of a hotel/public house (on grounds of Structure Plan Policy EC.10
and Local Plan Policy 87). The Committee queried whether all reasonable efforts
had been made to sell or let the premises as a public house or hotel at a realistic
price. It was agreed that the application should be referred to the Joint Committee
for final determination and that in the interim an independent evaluation should be
commissioned regarding the marketing of the building which has been undertaken. A
Joint Development Control Committee site visit was held on 1 December 2005.
A copy of the report to the Development Control Committee (East) held on 17
November 2005 report is attached as Appendix 1.
Key Policy Issues
1. The loss of the public house and hotel facility.
2. Appropriateness of a residential care home in this location.
Appraisal
The site lies on the western extreme of the parish of Mundesley approximately 2
miles from the village centre in an area designated as Countryside where Polices 5,
29 and 87 of the North Norfolk Local Plan are relevant. The Ingleside Hotel is a
small hotel with a public bar comprising of seven bedrooms for let. Legal advice is
that its authorised use is a hybrid of public house and hotel.
Local Plan Policy 87 resists development proposals for the change of use of country
public houses unless it can be demonstrated that all reasonable efforts have been
made to sell or let the property as a public house at a realistic price and that it is not
economically viable.
The Local Plan makes no reference to the loss of hotel accommodation within the
District; however Norfolk Structure Plan Policy EC10 seeks to resist the loss of tourist
accommodation that would result in the loss of a range of facilities or where the hotel
provides a significant contribution to the local stock of holiday accommodation.
Joint Development Control Committees (East & West)
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16 February 2006
An independent valuation and appraisal of the previous marketing has been received
from a local surveyor. The report concludes (Appendix 1) that the marketing
exercise has made all reasonable efforts to dispose of the property as a hotel/public
house in accordance with the requirements of Policy 87 of the Local Plan. The
proposal would therefore appear to satisfy all requirements of the adopted Local
Plan. The proposed alternative use is considered acceptable, involving a residential
care use in an existing building in the Countryside policy area, and in accordance
with Development Plan Policy.
RECOMMENDATION OF THE DEVELOPMENT CONTROL COMMITTEE (EAST):Refusal on grounds that it is contrary to Structure Plan Policy EC.10 and Local
Plan Policy 87.
RECOMMENDATION OF HEAD OF PLANNING AND BUILDING CONTROL:Approve, subject to a condition restricting the use to a residential care home.
Source: (Paul Took, Extn 6098 - File Reference: 20051131)
PUBLIC BUSINESS - ITEM FOR DECISION
2.
THORNAGE - 20051918 - Change of use of outbuildings to chiller, cutting and
processing rooms in association with proposed butchery and variation of
condition 3 of planning permission 20050471 to allow 20% of goods to be
sourced from outside region at Breck Farm, Fakenham Road for Mr D Astley
To consider an application for the change of use of outbuildings to chiller, cutting
and processing rooms in association with proposed butchery and variation of
condition 3 of planning permission 20050471 to allow 20% of goods to be sourced
from outside region.
Background
The application was considered at the meeting of the Development Control
Committee (West) on 2 February 2006, when it was resolved that the application be
referred to the Joint Development Control Committee (East and West) for a decision.
A copy of the report is appended to this agenda (Appendix 2).
Key Policy Issues
Whether the matters raised in support of the farm shop, which would have direct
access to a Corridor of Movement and is contrary to Policy 146 (Corridor of
Movement), outweigh a strong objection from the County Highway Authority
regarding highway safety.
Appraisal
In May 2005 permission was granted for a farm shop in the northern end of the
Grade II listed barn which restricted the range of goods to be sold to fruit, vegetables,
meats and other farm related products which have been produced in East Anglia.
The current application seeks the transfer of the farm shop from the northern to the
southern end of the barn, the change of use of the outshuts to cutting room, chiller
store and processing room in association with proposed butchery and the variation of
condition 3 of planning permission 20050471 to allow 20% of goods to be sourced
from outside the region.
Joint Development Control Committees (East & West)
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16 February 2006
Whilst the use of these outshuts in association with the use of the barn as a farm
shop is considered to be acceptable and to comply with Policy 29 (The Reuse and
Adaptation of Buildings in the Countryside) and Policy 37 (Alterations and Extensions
to Listed Buildings) of the Local Plan, the sale of farm-related produce which is not
locally produced would be contrary to Policy 88 (Farm Shops).
Given that the Local Planning Authority previously considered the use of the barn as
a farm shop to be an appropriate from of farm diversification, which would not
adversely affect the vitality of established outlets, and the fact that other similar
establishments within the District have been allowed to sell an element of non-locally
produced products, this element of the proposal is considered to be acceptable.
However, whilst, as requested by Members, the applicant has undertaken works to
improve the access, as with the previous application the Highway Authority is of the
opinion that this proposal, if permitted, would be likely to introduce significant
additional vehicular conflict on a busy and important section of the A148, which is
subject to high vehicle speeds at a point where the carriageway alignment is
substandard. The additional vehicular conflict would have the effect of interfering
with and degenerating the principal function of the Corridor of Movement, which is to
carry traffic freely and safely between centres of population, and the Highway
Authority has again objected to the application.
It is therefore considered that the proposal fails to comply with Policy 146 of the
North Norfolk Local Plan.
RECOMMENDATION OF THE DEVELOPMENT CONTROL COMMITTEE (WEST):That the application be approved on the grounds that the use is considered to
be an appropriate form of farm diversification would reduce food miles and the
improvements to the access satisfy the previous requirements of Development
Control Committee (West).
RECOMMENDATION OF THE HEAD OF PLANNING AND BUILDING CONTROL:That the application be refused on the grounds that the development would
have an adverse impact on highway safety in relation to the Corridor of
Movement and would be contrary to Development Plan Policy 146.
Source: (Gary Linder, Extn 6152 - File Reference: 20051918)
PUBLIC BUSINESS – ITEM FOR DECISION
3.
Enforcement Workload and Statistics – Quarterly Report
This report sets out for the Committee’s consideration details of the workload and
performance of the Enforcement Service for the quarter ending 31 December
2006.
At the meeting of the Joint Committee on 24 November 2005 a report concerning
statistics relating to the workload and performance of the Enforcement Service was
considered. The statistics have been updated for the latest quarter and are set out in
Tables 1-4 of Appendix 3.
Joint Development Control Committees (East & West)
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16 February 2006
Table 1 shows the number of complaints received, resolved and on hand during the
quarter and includes those cases which were unresolved for more than three months,
as were included in the Schedules to the most recent meetings of the Area
Development Control Committees. The number of cases received was slightly
exceeded by those resolved.
Table 2 includes cases which have been considered by Committee and provides a
statistical summary of those cases which were included in the regular Schedules of
outstanding cases as reported to the individual Committees.
Table 3 concerns condition monitoring. Members will note the historically very high
figures brought forward as a result of the original decision to monitor planning
conditions on a comprehensive basis. Policy for a number of years now has been for
the Committee and Officers to monitor conditions on a selective basis and since this
time the number of conditions requiring monitoring has declined for the majority of
quarters. Additional resources, deployed in connection with the implementation of
the High Hedges Legislation, have been used to provide a member of staff to work on
condition monitoring on a temporary basis. This resulted in a clear-up of over 260
cases during the quarter.
Table 4 sets out performance in relation to the service standards attached to the
Council’s planning enforcement policy. The principal purpose of these statistics is to
ensure that those making complaints are kept properly informed as to the progress
made in dealing with outstanding cases.
RECOMMENDATION:The Committee is asked to note the contents of the Tables and to indicate
whether it considers that the figures raise any issues which should be the
subject of further consideration.
(Source: Steve Oxenham, Extn: 6135 - File Reference: Enf Workload Dec 2005)
Joint Development Control Committees (East & West)
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16 February 2006