OFFICERS REPORTS TO JOINT MEETING OF DEVELOPMENT CONTROL COMMITTEE (EAST & WEST) 28 SEPTEMBER 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. BLAKENEY – 20060284 – Conversion of one dwelling into two dwellings and erection of studio above existing garage and formation of vehicular access for R and M Curtis To consider whether to grant planning permission for the conversion of one dwelling into two dwellings and the erection of a studio above existing garage on land within the high risk flood zone. Background The application has been considered by the Development Control Committee (West) on four occasions. Following the meeting on 30 March 2006 a decision was deferred in order for Members to be able to visit the site. The application was reconsidered at the meeting on 27 April 2006, when the Committee resolved to give the Head of Planning and Building Control delegated authority to approve the application subject to:1) No new grounds of objection being received following readvertisement of the proposal as affecting the setting of a Grade II* Listed Building. 2) No objections being received from English Heritage. 3) No objections being received from the Environment Agency on the flood risk details. 4) No new objections being received from the Environment Agency in respect of not proceeding with the sequential test. 5) The imposition of appropriate conditions including the submission of details in respect of the rebuilding of the wall. The application was considered again at the meeting on 22 June 2006 as new grounds of objection were received following the readvertisement. An objection had also been received from the Environment Agency regarding flood risk and in the light of the Council’s decision not to proceed with the sequential test and determine the application in accordance with the Council’s interim policy on flood risk. Following this meeting Members resolved to defer the decision to allow the applicants to deal with the issues raised by the Environment Agency and to allow the service of an additional notice on the owners of the land over which access is required. At the meeting on 17 August 2006 Officers recommended deferral, pending further legal advice, to await the comments of the Police and Fire Service and to consult the Environment Agency on the amended plans. The decision of the Committee was to refer the application to the Joint Development Control Committee with a recommendation for delegated authority to approve, subject to the views of the Legal Services Manager with regard to the Interim Policy and the need to seek Counsel’s advice and subject to the views of Norfolk Constabulary and the Fire Service. Joint Development Control Committees (East & West) 1 28 September 2006 A copy of the report to West Committee meeting on 17 August 2006 is attached as Appendix 1. Key Policy Issues Flood Risk. Updates A response has been received from the Civil Contingencies Manager regarding flood risk, who has advised that the addition of this one extra dwelling will not represent a burden that results in extra risk to the existing residents in the area, but who also advised that the Emergency Services need to be consulted as the District Flood Plan delegates the responsibility of evacuation to these services. Following consultation with the Police the response received advises that flood warnings are issued approximately twelve hours before any expected flooding. The Police and Community Flood Wardens would strive to ensure that everyone at risk was informed of the danger and encouraged to leave their homes although there are no powers to force people to leave. If large scale flooding occurred and residents were stranded or in danger the Police would have to call on other emergency and community resources for assistance. Should there be flooding on the scale of that which occurred in 1953 resources would be fully stretched and planners should consider this when allowing development within flood risk areas. No comments have been received from the Fire Service. Two further letters have been received from the Environment Agency dated 27 July 2006 and 4 August 2006. The first of these refers to a further objection the Environment Agency would like to add in respect of the proposed development, on the grounds that off-site flood risk (and therefore the risk posed to third parties) will be increased as a result of this development. The Environment Agency had received letters of concern relating to the proposed new vehicular access in the boundary wall surrounding South Granary and the neighbouring properties. The Environment Agency considers that the wall affords some flood protection to the residents of the neighbouring properties. With this in mind the Environment Agency strongly recommend that all options for locating the access and car parking areas outside the curtilage of the “flood defence” wall should be fully explored. It is considered that in terms of flood risk the best option available to the applicant is to locate car parking to the rear of the application site as this would not involve the creation of an additional access. The Environment Agency goes on to re-iterate its sustained objection to this application on the grounds that the sequential test has not been applied to this application and that it does not support the view of the Local Planning Authority that the application is covered by Point 4 of the Council’s interim flood risk policy. The Environment Agency also questions the legality of Point 4 of the Council’s interim policy. A full copy of this letter is attached in Appendix 1. The Environment Agency’s second letter dated 4 August 2006 follows consideration of an additional report received from the agents acting for the applicant on flood risk dated 7 July 2006. A copy of this report is contained in Appendix 1. The Environment Agency’s letter confirms it does not consider the submitted information is satisfactory in addressing the flood risk posed to the site and maintains its objection to the proposed development on flood risk grounds in accordance with PPG25 and the draft PPS 25. The contents of the letter refer to the following:• The flood warning service and the Environment Agency’s own admission that any condition demanding subscription to this service is not enforceable. Joint Development Control Committees (East & West) 2 28 September 2006 • The Emergency Planning Officer should be consulted. • Further information is required regarding the frequency of flooding to the whole application site and not just the dwelling. • The re-labelling of the previous third bedroom as a dining room and the kitchen/diner as just a kitchen is not an acceptable design solution. More should be done through appropriate design to minimise the potential for current and future occupants to convert non-habitable rooms to habitable. • As long as a suitably worded and enforceable condition could be imposed on any approval to prevent residential occupancy of the garage the Environment Agency would be willing to remove this part of its objection. The Environment Agency re-iterates its objection to the creation of a vehicular access in the boundary wall and its sustained objection to the application on the grounds that the sequential test has not been applied. The agents acting on behalf of the applicant in respect of flood risk, in their report of 21 August 2006 have attempted to address the further objections raised by the Environment Agency in the letter of 4 August 2006. Copies of the letter and report are attached in Appendix 1. A letter and amended plans have been received from the applicant’s agent confirming that the applicant wishes to withdraw the proposal to create a vehicular access in the boundary wall from the application, and that two car parking spaces will be provided to the rear of the site as indicated on the amended plan. The Environment Agency has responded to the latest flood risk report from the agents in its most recent letter dated 5 September 2006 (copy attached in Appendix 1). The Environment Agency has advised that its comments do not overcome the fact that they have a sustained objection to this application on the grounds that the sequential test has not been applied. Their recent letter advises that the agents have shown that the site will be affected by the Highest Astronomic Tides (HAT) which occurs twice in every year, and as the site is undefended it will be exposed to a regular regime of flooding which is inevitable. As such, any development which would increase the occupation capacity of the site presents an unacceptable level of risk. In addition the Environment Agency has noted that the applicant has reconsidered the proposal to make alterations to the boundary wall to create an access, and as there will now be no changes to the existing risk it can remove its objection on these grounds. However, the Environment Agency is still objecting on flood risk grounds. The Environment Agency once again urge the Local Planning Authority to apply the sequential test to this proposed development, as is their duty under PPG25 and the draft PPS 25, and as supported by the information provided by the planning agents for this application. Appraisal Members will note from the appended Committee Report to the meeting on 17 August 2006 that South Granary is located within the residential policy area (Policy 6) of Blakeney as designated in the Local Plan, where the principle of creating an additional dwelling is acceptable. Members will also note paragraph 15 of the Appraisal section of that report from which explains the background as to why it is considered that point 4) of the Council’s agreed interim policy applies. However, the Environment Agency does not agree that the proposal complies with point 4 of the interim policy and questions the legality of the interim policy. Joint Development Control Committees (East & West) 3 28 September 2006 Therefore, the view of the Council’s Legal Services Manager has been sought as to whether she would be happy to give advice on the sequential test or whether it would be necessary to seek Counsel’s opinion. Without this advice, if approved, this application would be one of a number approved under the interim policy, and if the Environment Agency were correct in its views, those approvals could be flawed. RECOMMENDATION OF THE DEVELOPMENT CONTROL COMMITTEE (WEST):That this application be referred to a joint meeting of the Development Control Committees (East and West) with a recommendation for delegated approval subject to the views of the Legal Services Manager with regard to the interim Policy and the need to seek Counsel’s advice, and subject to the views of Norfolk Constabulary and the Fire Service. RECOMMENDATION OF THE HEAD OF PLANNING AND BUILDING CONTROL: Deferral, pending further legal advice on the validity of the interim flood risk policy. Source: (Jo Medler, Extn 6128 - File Reference: 20060284) PUBLIC BUSINESS - ITEM FOR DECISION 2. SHERINGHAM - 20060606 - Conversion and extension of garage/games room to provide residential dwelling; The Piggeries Weybourne Road for Mr K Lowe To consider whether to grant planning permission for the conversion of an existing double garage/games room into a one-and-a-half-storey dwelling, to form a second dwelling on the site for an agricultural worker. Background The application was first considered by the Development Control Committee (West) on 25 May 2006 when a decision was deferred in order to allow time for the applicant to commission a report which assesses the functional need together with a financial test in respect of the proposal. At the meeting on 14 August 2006, notwithstanding the receipt of the additional information, Officers recommended refusal of the application on the grounds that there was insufficient justification to warrant an additional permanent dwelling on the site, within an area designated as countryside in the North Norfolk Local Plan, and also on the grounds of highway safety. The decision of the Committee was to refer the application to this Committee with a recommendation for approval on the ground that a functional need for two dwellings on the site had been established and also that the proposal would not result in an intensification in traffic movements to and from the site. Key Policy Issues 1. Justification for second dwelling on the site. The site is within the Countryside policy area where Policy 5: The Countryside would permit development for agricultural purposes providing it accords with other development plan policies, including Policy 66: Agricultural and Forestry Workers Dwellings in the Countryside. Policy 66 requires applicants to demonstrate the need for a permanent dwelling by means of a functional test which shows that for the enterprise to function properly there is a need for one or more workers to be readily available at all times, and that if the functional test is inconclusive possibly a financial test is required. Joint Development Control Committees (East & West) 4 28 September 2006 2. Highway Safety The County Council has raised a strong objection to the development on the grounds that the visibility from the access is substandard and would give rise to conditions detrimental to the safety of highway users. Appraisal The proposed dwelling would be occupied by the applicant, who, together with his father (who occupies the existing bungalow), breeds livestock and poultry on the land, which has a total area of just under 1.1ha. As outlined in the report to the West Area Committee on 14 September 2006, attached as Appendix 2, the applicant, in addition to submitting details of his illness and disabilities, which negates his ability to drive, cannot satisfactorily undertake the full range of farm duties from his present home in Sheringham. The report, prepared by Acorus Rural Property Services and attached as Appendix 2, elaborates on this background information in respect of the existing operations of the farm together with the reasons for the proposed agricultural dwellings. In terms of the Core Functional Need the report suggests that a high degree of care and responsible management is vital to the health and welfare of the livestock. In particular it highlights the fact that the suckler herd operates on an all year calving system with calves being both at the farm and on grazing land which requires the close supervision and attendance of two stockpersons. In addition the report suggests that at least in their initial stages of development calves require constant monitoring on a 24 hour basis, which is also applicable in terms of the production of turkeys and chickens with young requiring close monitoring. In terms of the Financial Test, attached as exempt Appendix 4, the report suggests that whilst the net profit available for unpaid labour is relatively modest the unit is viable and sustainable. However the net profit figure casts doubt that the holding is capable of providing sufficient profit to sustain two full-time workers. The report does not, however, conclude that it is essential for two workers to be resident at all times. As far as the access is concerned the Highway Authority confirms that due to the lack of visibility it is not possible to action the required 215m visibility splay in either direction and as such the proposal if permitted would give rise to an undesirable increase in vehicular use of an existing substandard access. It is therefore the view of Officers, that whilst the circumstances of the applicant are appreciated, there is no substantive case which demonstrates that the farm needs more than one worker to be available at all times or that an additional dwelling is required. In addition a second dwelling would give rise to an undesirable increase in vehicular using the existing substandard access, which would have adverse implications for highway safety. RECOMMENDATION OF THE DEVELOPMENT CONTROL COMMITTEE (EAST):Approve on the basis that the applicant has successful demonstrated that the farm needs more than one worker to be available at all times and that the conversion of the existing double garage/games room to a second dwelling is acceptable. In addition a second permanent dwelling on the site is unlikely to generate any significant increased in traffic movements due to the fact that at the present time the applicant, due to his disabilities, which negate him from driving, has to be driven to and from the farm to his home in Sheringham on a daily basis. Joint Development Control Committees (East & West) 5 28 September 2006 RECOMMENDATION OF THE HEAD OF PLANNING AND BUILDING CONTROL:Refuse on the grounds that the proposal would result in the creation of an additional permanent dwelling within an area designated as countryside in the North Norfolk Local Plan contrary to the objectives of the above policies. Furthermore, due to the severe lack of visibility, the proposed increase in the vehicular use of the existing substandard access would give rise to conditions detrimental to the safety of highway users. Source: (Gary Linder, Extn 6152 - File Reference: 20060606) PUBLIC BUSINESS - ITEM FOR DECISION 3. Consultation Papers – Planning Delivery Grant 2007/08 and Housing and Planning Delivery Grant This report seeks Members’ responses to two Government Consultation papers on the Planning Delivery Grant allocations for 2007/08 and a proposed successor, the Housing and Planning Delivery Grant 1. Introduction The Government is carrying out a consultation exercise concerning Planning Delivery Grant allocations for 2007/08, the final year under the current regime, and on the proposed new Housing and Planning Delivery Grant which would succeed it from 2008 onwards. A copy of the consultation letter is attached as Appendix 3 to this report. The letter sets out briefly the background to the exercise and seeks responses by 17 October 2006. Members will be aware that the Planning Delivery Grant is currently being rolled out for the fourth year of a five year programme. This Council has benefited to the tune of some £1.32 million over four years, of which approximately £1.08 million has been generated through development control performance, £108,000 from planning making performance, £45,000 through e-planning and the remainder being a general allocation. The grant is not ring-fenced, but in common with most authorities has been retained very largely within the Planning Service and used to fund a wide range of staff costs, projects and consultancy work, with particular emphasis on the delivery of the Local Development Framework. The Council is also one of 35 local authorities who have participated in a national Study which has set out to evaluate the use of Planning Delivery Grant. The Study has just been published and the Government has congratulated many planning departments for making full and effective use of the Planning Delivery Grant. The funding is helping local authorities across the country to invest in staff and IT and in raising standards in the quality of service offered as well as the speed of delivery. 2. Planning Delivery Grant 2007/08 Proposed Allocations Criteria This paper clarifies proposed arrangements for the allocation for the final Planning Delivery Grant for 2007/08, amounting to £120 million in total (compared with the allocation for 2006/07 of £135 million). Of this, the allocation for development control performance would drop from £71 million to £59 million with reductions in allocations for plan making and e-planning also of approximately 10%. Joint Development Control Committees (East & West) 6 28 September 2006 With regard to development control performance, funding would be based solely on meeting targets rather than on performance improvements, to be paid firstly based on performance to 30 June 2006, followed by a second tranche based on performance from 1 July 2006 to 31 March 2007. A £50,000 bonus would be paid for meeting all three national targets. In terms of plan-making, Planning Delivery Grant would be awarded for an authority’s self assessment of its plan making performance (50%) and sustainable development (50%) on the ground, based on its annual monitoring report (AMR) for the year April 2005 to March 2006. Plan-making would be measured against how far the authority had achieved the milestones set out in the original Local Development Scheme (LDS) submitted in March 2005. The key milestones are:• Regulation 26: Preferred Options consultation • Regulation 28: Submission The scoring would be based on 4 points for on-time or early, 3 points for 3 months late or less, 2 points for between 3-6 months and 1 point for over 6 months late, for each Development Plan Document (DPD) and then divided to provide a mean score. In order to test against sustainable development objectives the Government is proposing 6 indicators on which financial rewards would be based. These are:Housing • Proportion of residential development which is on previously developed land • Volume of affordable housing completed Transport • Proportion of non residential development complying with parking standards Environment • Proportion of energy used in new development which comes from on site renewables • Proportion of nationally important wildlife sites which are in favourable condition • Proportion of open space managed to the Green Flag standard In terms of e-planning, more challenging criteria for assessment than in previous years would be introduced with the aim of rewarding activity in the areas of continuing quality of online systems and information, take up of services and monitoring and tracking of planning applications and other information. These criteria would be assessed after 31 March 2007. As in previous years funding is available to support authorities in delivering housing in high and low demand areas, with an increased allocation for this aspect; unfortunately this Council does not qualify for this funding stream. The Government intends to announce provisional allocations for the first element of the grant for handling planning applications at the end of November 2006, whilst the second announcement covering e-planning, plan making and further allocations for handling planning applications is expected to be made at the end of May 2007. Planning Delivery Grant would be paid in two tranches during the financial year 2007/08. 3. Joint Development Control Committees (East & West) 7 28 September 2006 Comments It is suggested that the Council indicates its support for the continuation of the current regime for 2007/08, on the basis that it has benefited significantly from current arrangements and it has delivered the Government’s objectives for the Grant. It has been acknowledged by the Audit Commission that the Planning Service is performing strongly and this is in no small part because of the resource that the Planning Delivery Grant has provided. It is therefore suggested that because there is a continuing need for the funding the Government may be requested to consider continuing a significant element of funding for the future based on the current regime – see comments on the second consultation paper below. In terms of the current proposals for allocation to reward plan-making and sustainable development there are a number of points to make: Measuring progress against the LDS as submitted in March 2005 is understandable. The table below indicates how we would be assessed by the proposed scoring system. Last milestone Date in 05-06 from first LDS achieved Mitigating Factors Score DPD Preferred Delay caused by RSS delay Core Options and uncertainty on housing Mar-06 Strategy Sep-06 numbers* 3 Preferred Delay caused by RSS delay and uncertainty on housing Site Specific Options Proposals Mar-06 Sep-06 numbers* 3 Total 6 Mean Score 3 However, because we were obliged to delay consultation on preferred options until the Regional Spatial Strategy Panel had reported, the Council would only receive a maximum of 3 points. This delay was beyond our control, and yet the Council would be penalised by the proposed scoring system. Given the delays in 2006/7 on the Site Specific Proposals, the Council would be unlikely to benefit from this system in future years either. However, given the delays in LDF production across the country our performance is likely to be comparable with most other authorities. In proposing this approach, the Government should realize that such a system could encourage local planning authorities not to set ambitious timetables for producing LDF documents thus undermining the Government’s objectives of speeding up the plan-making process. Furthermore, the system gives no incentive to prepare a larger number of Local Development Documents. For example, although we are preparing two Development Plan Documents in parallel, the system to give a mean score would cancel out this extra effort. In relation to the indicators for sustainable development, 6 indicators are unlikely to give an impression of the sustainability of an area’s plan-making and do not reflect local issues and characteristics. Moreover, the scoring system is based as much as on setting targets as on achieving them and might encourage local authorities to set non-stretching targets in order to be certain of achieving them. Joint Development Control Committees (East & West) 8 28 September 2006 The table below shows the targets in place during the monitoring year in question, and an indication of the likely scoring the Council would achieve. As the table shows for 2005/06 out of a possible 60 points the Council could achieve 38, as it would score well on use of brown-field land and affordable housing. However, the authority is likely to do less well on some of the other indicators. Sustainable Development Indicators Do you collect the core output Have you a target indicator for this? If so, state for this? target Measure % Residential Development on Use national target Previously Used Land Yes 60% 75 per annum Affordable Housing Yes Renewable Energy Compliant Parking Quality of Nationally Important Wildlife Sites Open Space Yes Not monitored Yes Yes 10% of developments over 10 (or 1000m2) in Core Strategy DPD What is perfor mance in 200506 Relate the perform ance to the target 74 81 nil Overall Score for this attribute 123% 108% n/a n/a 6 0 95% by 2010 No 77 6 Holt Country Park 6 Total Score 38 The proposed transport indicator is one that is both difficult to monitor and does not usefully measure the sustainability of a development. It would be more appropriate to use an indicator that measures how far developments reduce the need to travel, such as that included in the LDF Annual Monitoring Report (Core Indicator 3b) which measures the percentage of new dwelling completions with access to a range of services. It is considered unlikely that the Council would benefit significantly from the new eplanning arrangements with current systems unable to achieve high scores. Officers are giving this matter further consideration and will comment further orally at the meeting on this point. 4. Housing and Planning Delivery Grant In this consultation paper the Government has explained that as part of the response to Kate Barker’s review of housing supply it would reform the Planning Delivery Grant and undertake a wider consultation on planning and housing incentives, with the aim of improving the financial framework within which local authorities are able to respond to the housing needs of their communities. Joint Development Control Committees (East & West) 10 10 9 28 September 2006 The Barker review identifies a significant short fall in the number of new homes being built to meet the demands of a growing and changing population. The Government therefore intends to enable those involved in the delivery of additional housing to respond to these needs; good planning would be essential to ensure that communities that accommodate additional housing are sustainable. The paper comments that the purpose of a new Housing and Planning Delivery Grant should be to provide an incentive to local authorities and other bodies to respond more effectively to local housing pressures, to become actively involve in the delivery of additional housing to meet local demands and incentivise improvements in the planning system. The new grant therefore should focus on delivery of additional housing by rewarding those local authorities that take a positive step to meet the demands for housing created by their community. The grant is also proposed to continue to support new plan-making work. The Housing and Planning Delivery Grant should aim to strengthen the incentive of local authorities to respond to local housing pressures; supporting increased housing delivery to meet local needs; encourage local authorities to become proactively involved in the delivery on new housing and unlock blockages in the delivery chain; return the benefits of growth to the community through new funding streams; and incentivise efficient and effective planning procedures. The new grant would be based on delivery of housing rather than incentivising the processing of planning applications; this would aim to encourage local authorities to explore best practice and creative partnership approaches. It is intended to support and resource planning services by incentivising plan-making, through rewarding progress in delivering local development frameworks and on the achievements of outcomes of planning policies set out in local development frameworks. The implications of the change of emphasis from processing planning applications to delivering housing (presumably measured in terms of completions rather than permissions) would suggest that staff resource should be focused on bringing forward housing sites, possibly through the production of development briefs, the creation of a specialist delivery team and fast-tracking housing proposals. These issues will need to be addressed once the Government’s intentions have been made clear. 5. Comments The new Housing and Planning Delivery Grant regime raises a number of important issues, including the following:In principle, the move towards recognising delivery of outcomes on the ground as opposed to rewards based on processes is considered to be positive. Furthermore, by concentrating on housing delivery, in principle there is a close alignment between the Government’s aspirations and those of this Council. The consultation paper is unclear however as to whether all authorities with differing housing needs would benefit from the new regime or whether resources would be concentrated on those areas where major growth is due to take place or where there is serious market failure. Any new regime should ensure that Councils covering areas such as North Norfolk, with a buoyant private sector market but serious issues concerning affordable housing are properly recognised and funded appropriately. The Government’s intention is clearly to give incentives to encourage the delivery of additional housing. As North Norfolk is not in a “high demand” area as defined by the Government, it is unlikely that the Council would do well from the new system. Joint Development Control Committees (East & West) 10 28 September 2006 However, this will depend on how performance is measured. If the Council is measured against the RSS housing numbers the Council could perform well owing to the strong market demand in North Norfolk. The consultation paper refers to setting a floor that needs to be reached before any incentive is granted. Setting a floor measurement not related to the RSS would appear to undermine the concept of setting District-level housing figures at all. The Government has indicated through planning policies that rural areas such as North Norfolk should be areas of relative housing restraint and yet the proposed PDG allocations could financially penalise the Council for achieving this policy objective. Members may consider that the RSS figure is the best approach for measuring performance. Clearly completions are not consistent year on year and therefore a three-year rolling average would be a better measure than an annual figure. A further concern regarding the proposed regime is that it would concentrate solely on housing delivery. To achieve sustainable communities requires progress and investment over a wide range of services and facilities and not just housing. It is suggested that delivery of regeneration objectives and other community facilities should form part of any new regime. A further danger associated with the new process is that Councils will doubtless be criticised for submitting to Government ‘bribery’ to force unpopular housing schemes through the planning system, sometimes against the wishes of local communities. By incentivising a wider range of facilities and developments this danger could be avoided. Under these circumstances it is suggested that the Government should be requested to consider extending the current regime in respect of the inclusion of development control performance as an element of the new regime. This would encourage authorities to continue to deliver high standards of service, to achieve the wider sustainable communities agenda and to avoid perverse incentives in terms of the allocation of resources and the way in which housing applications may in future be deemed to be receiving special treatment. RECOMMENDATION:That the views expressed in the “Comments” sections of this report, together with those of the Joint Committee which will be forwarded to the Cabinet, form the basis for the Council’s response to the Government’s Consultation Papers. Source: (Steve Oxenham/Jill Fisher, Extn 6135/6304 - File Reference: Housing and Planning Delivery Grant) Joint Development Control Committees (East & West) 11 28 September 2006