Agenda item

Refusal

The Interim Development Manager presented the report and referred to the presentation that had been forwarded to Members.  He recommended refusal of this application as set out in the report.

The Interim Development Manager read a statement in support of the application on behalf of Mark Mayes, who had been unable to attend to present his statement in person.

Councillor N Pearce, the local Member, considered that harm was a grey area and in his opinion the harm in this case was at the lower end of the scale.  He considered that the application was a sensitive preservation of the historical context of the site by reinstating a building that had previously existed, using local materials.  He considered that it would benefit the village and make a positive contribution to the existing complex.

In answer to a question by Councillor Mrs A Fitch-Tillett, the Head of Planning explained that there was nothing in planning law that would allow the rebuilding of a structure that had been demolished or lost.  There was very little structure left so it was considered that the building had been abandoned and the residential use lost.  This proposal was effectively a new dwelling in the Countryside in terms of Local Plan Policies SS1 and SS2.

Councillor J Toye considered that although the site was in the Countryside, it was well connected to Norwich, Cromer and North Walsham through rail and bus services, the school was half a mile away and there was a public house nearby.

Councillor P Heinrich stated that he could see the argument for refusal in terms of Policies SS1 and SS2, but the proposal met Policies EN2, EN4, CT5 and CT6.  The proposed farmhouse would bring the farm complex back together.  However, he was not convinced that there was good accessibility to the railway station given the narrow road and dangerous bridge, and pedestrian access to the school was across fields.  The site was in an isolated location, and nothing remained of the former building.  He proposed refusal of this application in accordance with the recommendation of the Head of Planning. This was seconded by Councillor R Kershaw.

Councillor C Cushing stated that the design of the proposal was not incongruous with the existing buildings on the site and that there was reasonable access to it.  He supported the application.

Councillor A Brown stated that the proposal could not be justified as a Part Q restoration as there was little remaining of the former building.  He accepted that the situation was frustrating for the neighbours and commended the applicants on the design, but he considered that there were no material considerations that would mitigate against Policies SS1 and SS2 due to the remote location.

The Head of Planning advised the Committee that the site was in an open countryside location and failure to comply with Policies SS1 and SS2 carried considerable weight.  In order to mitigate harm the Committee had to conclude that the location was otherwise sustainable with excellent linkages, and if not, whether there were significant public benefits arising from the replacement of the building.

The Principal Lawyer advised that as a matter of law, decisions had to be taken in accordancewith the Development Plan unless other material considerations indicated otherwise.  The previous existence of the residential use on a planning unit could be considered material.  However, in this case the abandonment of planning use was an issue, of which there was little doubt, and as such the Countryside policies applied.

Councillor Pearce stated that the proposal was remarkably similar to a historic photograph of the site and reiterated his view that the level of harm would be low.

The Chairman stated that the site had been a farm owned by Norfolk County Council, which had demolished the farmhouse at least 40 years previously and did not reinstate it.  She considered that the open space could be repurposed.  The Committee had to judge the proposal on what had been presented.

RESOLVED by 9 votes to 4

That this application be refused in accordance with the recommendation of the Head of Planning.