Planning Committee
AREA
West
PARISH
Aylsham
2
APPLICATION NO:
20051110
TG REF:
619429/326609
LOCATION OF SITE
Former Aylsham Livestock Market, Norwich Road, Aylsham
DESCRIPTION OF
DEVELOPMENT
Demolition of existing buildings and erection of 16 dwellings
& 3 shop units
APPLICANT
TLT Leisure Ltd., 29 Cattle Market Street, Norwich, NR1
5DY
AGENT
Chaplin & Farrant, Ltd., 51 Yarmouth Road, Norwich, NR7
0ET
Date Valid: 27 July 2005
8 Week Expiry Date: 21 September 2005
1
THE PROPOSAL
1.1
The application seeks the demolition of the existing buildings on the site and the
erection of 16 dwellings and 3 shop units.
1.2
The development takes the form of 3 blocks of units, 1-7 are two storey
dwellings with Dutch gables to reflect the character of the existing barns on the
site. Units 8-12 which are located in the southern section on the site are two
storey units with the gable facing Palmers Lane and Units 13-16 which are two
and a half storey comprising 3 shop units with 4 flats above at the corner of
Norwich Road and Palmers Lane.
1.3
A 2m wide footpath is provided across the site frontage with Palmers Lane.
Access is proposed from Norwich Road between Units 1-7 and 13-16 and 16
car parking spaces are provided within the centre of the site, 5 of which are
within a car port.
1.4
In support of the application, the applicants have provided additional information
in the form of an engineer’s report on the quality of the building, a statement of
significance, a planning statement and an archaeological watching brief.
1.5
The engineer’s report submitted by the applicant states that, in their opinion, it
is not feasible to redevelop the existing buildings on the site without very
significant works which will include partial demolition and reconstruction of the
walls, removal and reconstruction of the roofs throughout and considerable
underpinning and temporary works.
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Planning Committee
1.6
The statement of significance of the site, provided by the applicant, addresses
such issues as the importance of the existing buildings, the significance of the
site in relation to the Manor House and Turnpike Road and the Aylsham
Conservation Area. The report concluded the following:
The materials used in construction, the method of building the colour and
texture of the livestock market can all be commonly found in Norfolk and
the Aylsham area.

Use of English Bond internally and Flemish Bond externally is of some
interest.

Barn is essentially a functional building which no longer serves the
purpose for which it was built.

Shaped and tumbled gables link the livestock market to the traditional
vernacular character of the area, though these features are commonly
found in the town.

Community appear to place value in the historic buildings.

Impact of approved scheme on the historic fabric is an issue. The
approved scheme would fundamentally alter the existing structure, space
and setting of the barns.

Vernacular character links the livestock market to the outbuildings at the
Manor House, but the link between the two is not strong.

Within the Conservation Area but clearly not the focus of the town.

Can be thought of as a gateway into historic town from the south, but this
is concerned with its scale and mass, rather than its designed,
architectural merits.

Limited visual influence.

One of a number of agricultural buildings surviving within Aylsham, some
of the others being noteworthy.
1.7
The archaeological watching brief was submitted at the request of the Norfolk
Landscape Archaeology.
1.8
The applicant’s Planning Statement sets out in detail the background to the
current planning application and the current policy guidance. It concludes that, in
the opinion of the applicant, although the group of buildings were at one time a
visual benefit to the entrance of the town of Aylsham, their current condition is
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Planning Committee
poor with restoration unviable. It further states that the new development will
enhance the character and appearance of the Conservation Area while
maintaining the scale, massing, materials and detailing of the current group.
1.9
In addition, a letter in support of the application from Ewing Self Chartered
Surveyor, who advises that there is also considered to be a short supply of
commercial accommodation within the town and the inclusion of 3 commercial
units may help alleviate this problem.
2
CONSULTATIONS
2.1
Aylsham Town Council
Object.
2.2
Highway Authority
No objection to amended plans, subject to conditions.
2.3
English Heritage
There is no doubt that these buildings have some historic value in relation to
Aylsham Manor and also as a surviving agricultural group located close to the
town centre. In relation to the Conservation Area they contribute not only to its
social history but to its townscape quality and diversity. The buildings make a
positive visual statement when entering and leaving the town.
Considers that the permission to retain and convert the buildings for residential
conversion was not the most successful design solution but retained important
elements of the group. Questions the viability and structural integrity argument
put forward by the applicants.
Suggests that a more appropriate scheme could be acceptable. However, it
should be demonstrated that the barns cannot be used for non residential
purposes and the range of barns to the south included in the scheme.
2.4
Environment Agency
The site lies outside the scope for formal standing advice. Comments on the
need for sustainable urban Drainage methods and satisfactory soakaways.
2.5
Anglian Water
Comments awaited.
2.6
Norfolk Landscape Archaeology
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Planning Committee
Suggest the imposition of a condition regarding a programme of archaeological
work.
2.7
Environmental Health Manager (Pollution Control)
Suggest imposition of condition.
2.8
Conservation Manager
The current scheme has many merits. It provides an attractive street scene at an
important gateway into the town and full details have been agreed to ensure a
high quality of development. Materials and architectural details are in sympathy
with neighbouring historic buildings.
The massing of the buildings is important and would suitably replace the existing
buildings in the landscape. Parking on the site is well ordered and does not
clutter the street scene.
The architects have provided street scene views from various directions and the
scene looking south down Norwich Road from the heart of the Conservation Area
maintains the townscape of this part of the town. The height of the buildings and
their proximity to the road are an important element of this.
In judging whether the scheme is acceptable, consideration must be given to
whether it has a positive or neutral effect upon the Conservation Area, in other
words it should be approved if it does not have a detrimental effect on the
Conservation Area.
In considering the effect upon the Conservation Area, the loss of the existing
buildings must be judged against the benefits of the proposed development.
Clearly the old livestock buildings have some historic merit but they are not listed
as being of special architectural or historic merit despite their prominent
appearance in the street scene. In my opinion, they were probably not listed
because they have been quite extensively altered over the years and their
relevance to Aylsham Manor has been degraded by the walls and main road
separating them. They no longer form a readable historic grouping with the
manor.
When judging the effect of the loss of the buildings, the approved scheme of
redevelopment must also be considered. A relatively dense development for a
barn conversion in this location would be expected and has been approved.
Unfortunately, this means that there are many new openings in the existing
buildings and a new single storey building is included in the scheme. The
appearance is decidedly urban, losing the agricultural character but in a way that
leaves the site untidily developed and cluttered with car spaces. This is not
intended as a criticism of the architect of the approved scheme. The site as it
stands is difficult to develop and the density required in this urban situation
makes a good residential conversion, in my opinion, impossible to achieve.
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I am therefore of the opinion that the scheme will, on balance, have a positive
effect upon the Conservation Area and I would recommend it for approval.
2.9
CNC (Building Control)
Comments awaited.
2.10
CPRE
- Aware of opposition from the Town Council.
- Does not fit in with character of area and Conservation Area.
- Demolition of barn and access a concern.
3
PUBLICITY
3.1
Site Notice
Expiry date 31 August 2005.
3.2
Press Notice
Expiry date 30 August 2005.
3.3
Neighbour notification
36 letters of notification sent out. Expiry date 24 August 2005.
4
REPRESENTATIONS
4.1
11 letters of objection received, on the following grounds:
Against
-
Impact on Doctors Surgery – concern about potential overlooking into
consulting rooms
-
Buildings important feature of town centre, should be restored
-
Important visual gateway to the town and Conservation Area
-
Significant strength of feeling against demolition
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Planning Committee
4.2
-
Barn of historical significance
-
Previous approval should be implemented
-
Materials and form of buildings strongly reflect the character of the area
-
New development should enhance the character of the Conservation
Area
-
Existing approval can be implemented without barns losing their identity
-
Some unauthorised demolition already taken place
-
Questions the argument regarding structural stability of the barns and
surveyors comments
-
Argues enforcement action should have been taken
2 letters of support, on the following grounds:
-
Pleased about reduction in height of buildings at Palmers Lane
-
Like the design of front and gables
-
Proposed footway excellent
-
Query whether best location for commercial development
-
Live adjacent development which at present looks like a bomb site
-
Current buildings unattractive and awkwardly positioned
-
Provision of footpath outweigh retention of building
-
Aylsham is a market town which has always and should move with the
times
5
RELEVANT POLICY GUIDANCE
5.1
PPS1 – Delivering Sustainable Development
Sets out the overarching planning policies on the delivery of sustainable
development through the planning system
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Planning Committee
5.2
PPG15 – Planning and the Historic Environment
Sets out the Governments policies for the identification and protection of historic
buildings, Conservation Areas and other elements of the historic environment.
Broadland District Local Plan
5.3
Policy GS1
New development will normally be accommodated within the development
boundaries. Outside these boundaries, development proposals will not be
permitted unless they comply with a specific allocation and/or policy of the Plan.
5.4
Policy GS3
Sets out general considerations to be taken into account in all new development
proposals, including access, residential amenity, the character and appearance
of the surrounding area, nature conservation, agricultural land, building
conservation and utilities and services.
5.5
Policy TRA4
Development will not be permitted where it would endanger highway safety or the
satisfactory functioning of the local highway network. In appropriate cases, a
traffic impact study will be required.
5.6
Policy ENV16
The Local Planning Authority will protect and enhance the character and
appearance of Conservation Areas only permitting development which respects
the character of the existing architecture in scale, grouping and materials, and
makes a positive contribution to the character and appearance of the area,
subject to a number of criteria.
5.7
Policy HOU2
Identifies parishes appropriate for estate scale development.
5.8
Policy RL6
The District Council will expect developers of new residential properties to make
provision for and provide for the future maintenance of land suitable for both
formal and informal outdoor recreational pursuits
5.9
Policy SHO10
Proposals for new small scale shops within development boundaries will be
permitted.
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Planning Committee
5.10
Policy AYL10
For all new developments in Aylsham consideration will be given to the need for
an adjacent footway improvement.
Revised Deposit Broadland District Local Plan
5.11
Policy (RD)GS1
New development will only be accommodated within the settlement limits
for the Norwich fringe parishes, market towns and villages. Outside these
limits, development proposals will not be permitted unless they comply with
a specific allocation and/or policy of the Plan.
5.12
Policy (RD)GS4
Sets out general considerations to be taken into account as well as any
specifically related to the nature of the proposal.
5.13
Policy (RD)TRA11
Development will not be permitted where it would endanger highway safety
or the satisfactory functioning of the local highway network.
5.14
Policy (RD)ENV16
The character and appearance of Conservation Areas will be protected
and enhanced. Any new building or alteration, or extension to a new
building, or change of use of an existing building must be in sympathy
with the character of the area with regard to siting, density, form, scale,
design, materials, landscaping and use.
5.15
Policy (RD)HOU1
Identifies land allocated for residential development within the District to meet
housing need.
5.16
Policy (RD)RL7
Developments will be expected to make provision for outdoor play,
suitable for formal recreation and children’s play.
5.17
Policy (RD)SHO11
Planning applications for new small scale retail floor space within
settlement limits will be permitted.
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Planning Committee
5.18
Policy (RD)AYL6
For all new development in Aylsham, consideration will be given for the
need for adjacent footway improvements.
6
LOCATION AND DESCRIPTION OF SITE
6.1
The application site is located on the western side of Norwich Road and
comprises a variety of red brick and pantiled barns set in a site of 0.22
hectares. Immediately to the south of the site is a singe storey cart shed
which, whilst originally part of the complex, falls outside the application
site and within a different ownership. To the south of this is the doctor’s
surgery.
6.2
The site is triangular in shape and is bounded to the west and north by
the Palmers Lane junction and the access road to Keys Auction Rooms
respectively. Beyond the access to Keys are two storey residential
properties accessed from Sears Close, which back onto the access.
6.3
The site lies within the Aylsham Conservation Area and although the
barns are not listed, the site is very prominent and considered to be an
important site both visually and historically when entering the town. The
building has been vacant for some time and some demolition works have
taken place leaving some parts exposed to the elements. There is an
existing brick and flint wall around the site boundaries.
7
PLANNING HISTORY
7.1
2005 0226 - Demolition of existing buildings and erection of 19 dwellings.
Withdrawn
7.2
2005 0225 – Conservation Area Consent – Demolition. Withdrawn.
7.3
2003 0603 – Conservation Area Consent – Approved November 2003.
7.4
2003 0602 – Conservation of existing buildings to 7 residential units and
erection of 2 units. Approved November 2003.
7.5
2002 1846 – Conservation Area Consent – Demolition. Withdrawn.
7.6
2002 1845 – Conservation of existing buildings to 7 residential units and
erection of 2 residential units. Withdrawn.
7.7
1999 1258 – Change of use from Antiques Shop to commercial offices and
Insurance Brokers. Approved November 1999.
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Planning Committee
7.8
1992 0944 – Change of the use of part of property to provide 2 shop units.
Approved September 1992.
7.9
1985 2148 – Extension and alterations. Approved August 1998.
7.10
1985 1535 – Extension to changing room facilities. Approved August 1985.
7.11
1983 1326 – Snooker room. Approved September 1983.
7.12
1981 0142 – Alterations and extensions to barn to form Sports Centre and
office accommodation. Approved March 1981.
7.13
1980 2632 – Change of use. Barn to Sports Centre and office. Approved
December 1980.
8
APPRAISAL
8.1
The main issues to be taken into account in the determination of this
application relate to firstly, an assessment of the proposal against Local
Plan policies with particular regard to the impact of the proposal upon the
Aylsham Conservation Area and secondly, the traffic issues associated with
the proposal.
8.2
The application site is located within the development boundary as defined
in both the Adopted Broadland District Local Plan and the Revised Deposit
Local Plan under Policy GS1 and (RD)GS1 respectively. The site also falls
within the Aylsham Conservation Area, which it would appear was drawn to
specifically include these buildings. Policy ENV16 of the Adopted Local
Plan and (RD)ENV16, seeks to protect and enclose the character of the
Conservation Area, only permitting development which respects the
character of the existing architecture, in terms of scale, grouping and
materials and makes a positive contribution to the character and
appearance of the area, subject to a number of criteria. One of the criteria
being that consents to demolish will be refused unless it can be shown that
it is wholly beyond repair or where its removal or replacement will benefit
the appearance or character of the area, or where the building or relevant
part is not important to the character of the Conservation Area and a
suitable scheme has been approved. This policy has been drawn from
Government advice as set out in PPG 15 ‘Planning and the Historic
Environment’.
8.3
With regard to demolition, PPG15 states that the general presumption
should be in favour of retaining buildings which make a positive contribution
to the character and appearance of the Conservation Area. Account should
be taken of the part played in the architectural or historic interest of the area
by the building for which demolition is proposed, and in particular on the
buildings surroundings and the character of the area as a whole. Proposals
to assess demolition should be determined against the same broad criteria
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Planning Committee
as proposals to demolish listed buildings. It is clear that there are
acceptable detailed plans for redevelopment.
8.4
As stated previously, the site is located in an important location on the edge
of the Conservation Area. The buildings are a promised feature in the
street scene and the historical assessment indicates that they were linked
to Aylsham Manor House to the north of the site on the Old Turnpike Road.
The buildings have been used for a variety of different uses, formally the old
livestock market, but have been vacant for some time.
8.5
In assessing the importance of the buildings, it is important to look at all the
planning history of the site in recent years. A planning application to
convert the buildings to 9 residential units was approved in 2003 following
considerable discussions with the planning officers. The scheme provided
for the retention of the majority of the buildings but involved a considerable
amount of repair and rebuild with a large number of new openings being
created. The resultant scheme, whilst being acceptable, was considered to
be a compromise to allow for retention and re-use of the buildings. It did,
however, accept the principle of residential use on the site.
8.6
The application site has subsequently changed hands and the applicants, in
submitting the application for demolition and redevelopment, have argued
that the buildings are not structurally sound and the approved conversion
scheme is not commercially viable. The argument of structural suitability is
not one which has been accepted by officers.
8.7
Indeed, when an earlier planning application was submitted, officers
commissioned an independent structural survey which recognised that
whilst considerable work would be required to the roof of the principle range
of buildings and there are issues of support in some of the external walls,
which need to be addressed including some underpinning, this is the
essence of barn conversion. The argument regarding commercial viability
has not been tested.
8.8
The key issue is whether demolition of the buildings and the redevelopment
of the scheme accords with Government Guidance and the Local Plan
Policies as set out above in terms of impact upon the character and
appearance of the conversation area. As Members can see in paragraph 4
above, there has been local concern with regard to the loss of the buildings
and the comments from English Heritage recognise the importance of the
buildings both historically and visually in the town. English Heritage also
suggests that the approved scheme for residential conservation was not the
best design solution and a commercial scheme would be more appropriate.
8.9
It is, however, important to note the comments of the Council’s
Conservation Manager as set out in paragraph 2.8 above. The loss of the
existing buildings should be judged against the merits of the proposed
scheme. In her opinion, whilst the old livestock buildings have some
historic merit, they are not listed as being of special architectural or
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Planning Committee
historical merit, despite their prominent position in the street scene. It is
considered that they were not listed because they have been altered
extensively over the years and their relevance to Aylsham Manor has been
degraded over the years by the main road and development separating
them.
8.10 The previously approved scheme is relatively dense which has resulted in a
large number of new openings being created in the existing building and a
new single story building is also proposed. The appearance is urban and
results in a scheme cluttered with parking spaces. The site as it stands is
difficult to develop and a high quality residential scheme is difficult to
achieve.
8.11 The Conservation Manager considers that the current proposal has many
merits, providing an attractive street scene at an important gateway into the
town. The massing of the buildings is important and they would in her opinion
replace the existing buildings in the streetscape and the materials and
architectural details are in sympathy with neighbouring historic buildings.
Furthermore, the parking has been designed to be well ordered and does not
dominate the site.
8.12 With regard to the other relevant policies within the Local Plan, Policy HOU2 of
the adopted Local Plan identifies Aylsham as a parish appropriate for estate
development. Whilst not an allocated site, it lies within the development
boundary therefore the principle of redevelopment is acceptable. Policy RL6
requires the developer to make provision and provide for the future
maintenance of land for informal outdoor recreational pursuits. In accordance
with the Council’s policy, this triggers a commuted sum for off site provision of
£45,815.
8.13 Policy SHO 10 of the adopted Local Plan states that proposals for new small
scale shops within the development boundary will be permitted, subject to the
scale of the operation being in scale with the area they are serving. The
proposal is for 3 small units. The site lies outside the commercial area of
Aylsham as identified in the Local Plan. However, the site for the proposed
supermarket for which planning permission has been granted in outline lies to
the south and it is considered that the introduction of 3 retail units will create a
further link between the town and edge of centre.
8.14 Policy AYL10 states that for all new developments in Aylsham consideration will
be given to the need for adjacent footway improvement. The proposal seeks
the demolition of the boundary wall and the provision of a footpath across the
site frontage and therefore accords with this policy. The Highway Authority
have raised no objection to the application as amended and therefore, the
proposal accords with Policies GS3 (with regard to the highway element) and
TRA4 in the adopted Local Plan.
8.15
Particular concern has been raised by the doctor’s surgery with regard to the
potential of overlooking into consultancy rooms. However, given the distance
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Planning Committee
between the surgery and proposed dwellings, this is not considered to be
justified.
8.16
On balance therefore it is considered that the proposal accords with the
Development Plan and Government guidance as set out in PPG 15 (relevant
weight has been given to Policies (RD) ENV16, (RD) HOU1, (RD) TRA11, (RD)
RL7, (RD) SHO11 and (RD) AY6 of the Broadland District Replacement Plan,
which do not differ significantly from those in the adopted Local Plan).
8.17 The application is reported to Committee at the request of the Ward Members
given the local interest and importance of the site.
RECOMMENDATION: APPROVE subject to the application entering into a Section
106 Agreement in respect of the provision of a commuted sum for the provision and
maintenance of open space and subject to the following conditions:
(1)
A1 (standard time limit 5 years)
(2)
Prior to the commencement of development, details of all external materials to
be used in the development including:
(i)
bricks
(ii)
tiles
(iii)
mortar
(iv)
joinery details at a scale of 1:10
(v)
rainwater goods
(vi)
boundary treatments including precise details of the proposed wall
(vii)
brick bond
shall be submitted to and approved by the Local Planning Authority. The
development shall then be constructed in accordance with the approved details.
(3)
The development hereby permitted shall not be carried out otherwise than in
accordance with the submitted plans as amended by drawing numbers (to be
specified).
(4)
Prior to the development commencing on site, precise details of the
landscaping details (including hard landscaping shall be submitted to and
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approved by the Local Planning Authority. The development shall then be
carried out in accordance with the approved details.
(5)
Prior to the development commencing on the site precise details of the existing
and proposed slab levels shall be submitted to and approved by the Local
Planning Authority. The development shall then be carried out in accordance
with the approved details.
(6)
The 3 commercial units hereby approved shall be used for purposes falling
within Class A1 and A2 in the Town and Country Planning Use Classes
(Amendment) Order 2005.
(7)
No works shall commence on the site until such time as detail plans of the
footways have been submitted to and approved in writing by the Local Planning
Authority in consultation with the Highway Authority. All construction works
shall be carried out in accordance with the approved plans.
(8)
Prior to the first occupation of the development hereby permitted, the vehicular
access shall be constructed in accordance with the Norfolk County Council
residential access construction specification and additionally, to accord with
details to be approved in writing by the Local Planning Authority, for the first 2
metres into the site as measured back from the near edge of the adjacent
carriageway.
(9)
Prior to the first occupation of the development hereby permitted, the proposed
on-site parking / turning / loading area shall be laid out, demarcated, levelled,
surfaced and drained in accordance with the approved plan and retained
thereafter available for that specific use.
(10)
No development shall take place within the site until the applicant, or their
agents or successors in title, has;
(a) caused to be implemented a programme of archaeological evaluation in
accordance with a first written scheme of investigation which has been
submitted to and approved in writing by the Local Planning authority; and
next
(b) submitted the results of the archaeological evaluation to the local authority;
and next
(c) secured the implementation of a programme of archaeological mitigatory
work in accordance with a second written scheme of investigation which
has been submitted to and approved in writing by the Local Planning
authority; and next, if the mitigatory work consists of further excavation
(d) a formal legal contract with an archaeological contractor has been
submitted to and approved in writing by the Local Planning authority. Such
a contract will deal with all the details contained in the approved detailed
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Planning Committee
second written scheme of investigation including post-excavation
assessment, analysis, archiving and publication of results.
(11)
Prior to the commencement of development, a scheme is required to deal with
any contamination of the site. This scheme shall comprise the following
elements:
(a)
A comprehensive site investigation to identify, the nature and extent of any
contamination present i.e. those materials which could have an adverse
effect on future occupants, the public, buildings, building services,
vegetation in the development and the surrounding environment including
controlled waters and amenity areas; and
(b)
The measures to be taken to avoid risk to future occupants, the public,
buildings, building services, vegetation in the development and the
surrounding environment including controlled waters and amenity areas
when the site is developed.
The investigation shall include areas to be used as gardens and communal
spaces and land in which service pipes are to be laid. The method of the
proposed site investigation is to be submitted in writing and approved by the
Local Planning Authority, prior to the investigation commencing.
Reasons
(1)
In accordance with Section 92 of the Town and Country Planning Act 1990.
(2)
To ensure the satisfactory development of the site in accordance with Policy
GS3 and Policy ENV16 of the Broadland District Local Plan and Policy (RD)
GS4 of the Revised Deposit Version of the Broadland District Local Plan.
(3-5) For the avoidance of doubt.
(6)
To retain control of the site and to enable consideration as to whether other
uses would be appropriate on the site in accordance with Policy GS3 of the
Broadland District Local Plan and Policy (RD) GS4 of the Revised Deposit
version Broadland District Local Plan.
(7-9) To ensure the satisfactory development of the site without prejudice to the
amenity of the site in accordance with Policies (RD) GS4 and TRA11 of the
Revised Deposit Version Broadland District Plan.
(10)
To enable the County Archaeologist to keep a watching brief on the site in
accordance with Policy ENV18 of the Broadland District Local Plan and Policy
(RD) ENV18 of the Revised Deposit Version Broadland District Local Plan.
(11)
In order to secure a safe satisfactory form of development suitable for human
habitation in accordance with Policy (RD) GS4 of the Revised Deposit Version
Broadland District Local Plan.
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Planning Committee
Reasons for the decision:
To follow.
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