B9 Chapter 5 - Determining Applications for Planning Permission

Making a Planning Application

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5.1

The Council judges planning applications through its development control procedures. Planning applications may be 'full' or in 'outline' only. Outline applications, showing the site and possibly an indicative layout, are generally acceptable as the basis on which to judge the principle of a building development, with details being considered at a later stage. Fully detailed applications are otherwise appropriate from the outset, and should enable the Council to satisfy itself in respect of all of the relevant policies in the Local Plan and any other material consideration. Full details are essential for any significant scheme in a sensitive location, for example a Conservation Area, and for any scheme requiring Listed Building Consent or Advertisement Consent. Apart from plans drawn to scale, additional supporting information may be required, for example to assess the numbers of people employed on or using the site, the traffic generated and necessary roadworks, the effect on trees, and the structural suitability of a building for conversion.

5.2

For major schemes in sensitive locations an applicant will be required to submit, in appropriate circumstances, an Environmental Statement under the provisions of the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988, as amended.

5.3

It is normal policy to consult interested organisations, including parish and town councils, and to publicise planning applications. The views of interested parties, including individuals, are then considered in deciding planning applications.

5.4

The development plan (see paragraph 1.6) will, however, be the main guide to planning decisions by the Authority. Therefore, when determining applications for planning permission all of the relevant policies of the development plan need to be examined.

5.5

The Council welcomes the opportunity to discuss proposals with developers prior to the submission of a planning application.

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Planning Conditions and Obligations

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5.6

In granting planning permission, or in negotiating with developers and other interested parties that lead to the grant of planning permission, the Council can seek to secure modifications or improvements to the proposals submitted for its approval. The Council can grant planning permission subject to conditions and, where appropriate, may seek to enter into planning obligations with a developer (under Section 106 of the Town and Country Planning Act 1990) regarding the use or development of the land concerned or of other land or buildings. In exceptional circumstances, the Council may seek to regulate development by other appropriate forms of legal agreement. By these means, the Council can aim to ensure that new development has regard to the interests of the local environment and other planning considerations.

5.7

The Council will only seek planning obligations where they are necessary to the granting of planning permission, relevant to planning, and relevant to the development to be allowed. Unacceptable developments, for example those that are contrary to the policies of the Local Plan, will not be allowed because of unrelated benefits offered by the applicant. Occasionally, policies in the Local Plan identify the circumstances under which legal agreements, such as planning obligations, will be sought by the Council before the granting of planning permission. However, it should be noted that these are not necessarily the only circumstances under which such agreements will be sought.

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Supplementary Planning Guidance

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5.8

The Local Plan sets out policies and proposals that are likely to form the basis for deciding planning applications and for determining conditions to be attached to planning permissions. However, the Local Plan cannot cover every detail and eventuality of developments. Consequently, the Council may prepare planning guidance which supplements the Local Plan's policies and proposals.

5.9

Only the policies in the development plan have a special status in deciding planning applications, although 'supplementary planning guidance' may be taken into account as a material consideration.

Policy 12: Supplementary Planning Guidance - expired 27/09/2007
The Council will supplement the policies and guidance in the Local Plan with development briefs and design guidance where the circumstances of a particular site or other special problems dictate.
Where appropriate, development briefs will also be prepared in conjunction with relevant interested parties for those sites set out in the lists of proposal sites and schemes in the Local Plan.

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Simplified Planning Zones

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5.10

Simplified Planning Zones (SPZs) can be designated as a means of helping to secure the development or redevelopment of certain areas. A scheme for a SPZ achieves its effect by granting planning permission for specified types of development, subject to certain conditions and restrictions. Any proposed development conforming with the scheme does not require planning permission.

5.11

SPZs are normally most appropriate in older urban areas where there is a particular need to promote regeneration and economic activity. SPZs may not be set up in AONBs, Sites of Special Scientific Interest (SSSIs) or Conservation Areas. Other land of significant conservation, landscape, recreational and agricultural value should also be avoided. As much of the Local Plan area is covered by such designations the Council does not consider it appropriate to prepare a SPZ scheme in North Norfolk.

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General Criteria for Development Proposals

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5.12

Other chapters of the Local Plan contain policies dealing with specific types of development and specific locations. This part of the Local Plan sets out more general criteria that will apply to the consideration of development proposals.

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Design and Setting of Development

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5.13

The appearance of development and its relationship to its surroundings are material considerations in the determination of planning applications. The Government considers that good design should be the aim of all those involved in the development process and should be encouraged everywhere. However, because of North Norfolk's distinctive architectural heritage and the attractiveness of its rural landscape, the Council wishes to ensure that development proposals conserve or enhance these features wherever possible. Good design is also necessary to achieve a satisfactory standard of amenity for the occupiers of a development and its neighbours.

5.14

To support these objectives, the Council has prepared the North Norfolk Design Guide (see Part D) to provide developers with a clear indication of the Council's design expectations throughout North Norfolk. As well as seeking to conserve and enhance local architectural styles, the Design Guide provides a framework for encouraging good design without stifling responsible innovation, originality or initiative.

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Landscaping and New Development

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5.15

Established trees, shrubs and hedgerows allow new development to be more readily assimilated into its surroundings by adding a sense of maturity and helping to screen any adverse impact upon adjoining areas. They can also be important to the ecology of the local area by providing a wildlife habitat. Additional landscaping and tree planting in and around development can enhance these environmental benefits. However, new building close to existing trees can cause damage to roots or change water table levels. New development, therefore, will not be allowed unduly close to trees and hedgerows that are to be retained.

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Access for People with Disabilities to Non-Domestic

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5.16

The needs of the disabled are an important issue: the Council's 1993 Housing Needs Survey revealed that 14% of the District's households had at least one person with a disability. People with disabilities are precluded from playing a full and independent role in society by the inaccessibility of land, buildings and transport. The development of land and buildings therefore provides an opportunity to secure a more accessible environment for everyone, including wheelchair users and people with other disabilities, elderly people, and families with small children.

5.17

The Council encourages access for everyone throughout North Norfolk, including wheelchair users and people with physical or sensory disabilities, elderly people, and families with children in pushchairs. Consequently, it will seek to ensure appropriate provision for the needs of these people in all developments. The two issues of access to dwellings for visitors with wheelchairs and wheelchair housing are addressed by Policy 59: Housing for People with Disabilities, - expired 27/09/2007 and Policy 60: Wheelchair Housing - expired 27/09/2007.

5.18

Section 76 of the Town and Country Planning Act 1990 requires local planning authorities, when granting planning permission, to draw the attention of the applicant to Sections 4 and 7 of the Chronically Sick and Disabled Persons Act 1970. The 1970 Act requires developers of specified types of buildings to provide suitable means of access, parking and toilet facilities to meet the needs of people with disabilities, where practicable and reasonable. The types of building to which the Act applies are buildings open to the public (for example shops, restaurants, hotels, places of entertainment, and leisure and community buildings), places of employment, educational buildings and most types of building other than residential.

5.19

BS 5810 (1979) sets out the minimum standards with which access provisions should comply. However, the British Standards Institute is currently reviewing these standards in the light of developments in access design over the last 18 years or so. For new buildings the requirements of Part M of the Building Regulations apply.

5.20

There is often perceived to be a conflict between conservation and improving access for people with disabilities, especially in Listed Buildings. Whenever alterations are proposed the opportunity to improve access and facilities for disabled people should be taken. This can often be achieved while still preserving or enhancing the character of the building.

Policy 15: Access for People with Disabilities to Non-Domestic Buildings - expired 27/09/2007
Proposals for the development of (and, where practicable and reasonable, the change of use or alterations to) buildings open to the public and buildings used for employment and educational purposes should provide suitable access and facilities for people with disabilities as customers, visitors and employees.

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Pollution Control

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5.21

Pollutants in the atmosphere have negative effects on both the local environment and global sustainability. While the development strategy of the Local Plan seeks to influence the level and impact of traffic, the need to control the impact of noxious development remains.

5.22

Great importance is attached to controlling and minimising pollution, and systems have therefore been designed so that:

• development should be located and processes controlled to minimise any adverse effect; and

• after any development or use of land has ceased, land (and water resources) should be left in such a condition as to be capable of productive use.

5.23

In view of the various specific pollution control regimes, such as the Control of Pollution Act 1974, the Environmental Protection Act 1990, the Water Resources Act 1991 and the Environment Act 1995, the role of planning in pollution control is limited. The planning system regulates the development and use of land in the public interest, and local planning authorities have an important role to play in deciding the location of potentially polluting development and other development in proximity to any sources of pollution. Applications for planning permission should focus on whether the development itself is an acceptable use of land and should not attempt to control the polluting processes or substances themselves.

5.24

To ensure that the relevant pollution control measures are implemented, there will be full consultation with the Environmental Health Department of the Council, the Environment Agency and the Health and Safety Executive. A separate application may be required for the storage and use of classified hazardous substances (see Policy 52: Hazardous Substances - expired 27/09/2007).

5.25

In assessing applications for potentially polluting development, the following considerations will be taken into account:

• the hours of operation;

• transportation requirements;

• the impact on areas of historic, landscape or nature conservation value;

• the impact on the amenity of residential dwellings or other sensitive buildings;

• possible nuisance caused by the potentially polluting development;

• any health risks; and

• the period of time between the completion of a landfill site and the commencement of an after-use (it is recommended that the site remains unused for at least 30 years before it is redeveloped).

5.26

Land previously occupied by gas works, some industrial developments, sewage treatment works or landfill sites may be subject to some contamination. Any application for the redevelopment of such sites should be submitted with full details of the nature and extent of contamination.

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Noise

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5.27

The planning system can minimise noise disturbance by guiding noise-generating and noise-sensitive developments to the most appropriate locations. However, in deciding some applications for development, it will be important to liaise with other relevant departments and authorities, because some part of the activity may be subject to more appropriate means of control.

5.28

Residential and other noise-sensitive developments should not be allowed in areas that are, or are expected to be, subjected to excessive noise. Similarly, in considering new noise-generating developments, the impact of predicted noise levels in relation to existing developments must be considered. Noise levels in areas surrounding residential, or other noise-sensitive buildings must also be considered, as residents will expect a reasonable degree of peaceful enjoyment of their gardens and other amenity spaces.

5.29

When deciding whether a noise-generating use will cause an unacceptable degree of disturbance, consideration should be given to the character as well as the level of noise. Applications for residential or other noise-sensitive developments close to a transport-related noise source will be assessed using the Noise Exposure Category (NEC) approach. This method classifies the level of noise according to four broad categories, A to D. In category A, noise would not be a determining factor; in category D, the proposed development should be refused; and in categories B and C, it may be necessary to implement some of the mitigating measures listed in paragraph 5.32.

5.30

For this reason, the Council will adopt a range of noise levels for each NEC that are 3dB(A) below those levels recommended in the Government's PPG on 'Planning and Pollution Control' (PPG 24), published in July 1994. Many parts of North Norfolk have remained largely unaffected by noisy development and are valued for their quiet character. The introduction of a noisy use in an area with a very low background level of noise could therefore be highly disruptive. Applications for noise-generating development that will affect the AONB or the Broads will therefore be given special consideration.

5.31

Noise can also disturb wildlife. Therefore, any noise-generating development likely to affect a statutorily designated site of nature conservation importance will also be given special scrutiny.

5.32

Where noise-generating and noise-sensitive developments cannot be separated, it may be appropriate to use some of the following approaches to control or reduce noise levels or to mitigate the impact of noise.

• Engineering: including the reduction of noise at source, improving sound insulation of noise generating and noise-sensitive buildings and screening by purpose-built barriers.

• Layout: including adequate distance between source and noise-sensitive building or area and screening by natural barriers, other buildings, or non-critical rooms in a building. Care should be taken to avoid the location of the noisiest activities on the boundaries of a development.

• Administration: including limiting operating time of the source, restricting activities allowed on site and specifying an acceptable noise limit.

5.33

Where appropriate, these measures will be achieved by a condition attached to a planning permission or by the agreement of a planning obligation. In deciding whether it is appropriate to attach such a condition to a planning permission, consideration will be given to the likelihood of the intensification of the noisy use.

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Light Pollution

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5.34

Lighting is needed for the safety and security of road users and pedestrians and can be used to great effect in highlighting attractive buildings of architectural interest. However, unsuitable lighting can cause problems of shadowing and intrusion by glare and dazzle and may affect both people and the natural environment.

5.35

A variety of light sources may cause pollution including street lighting, illuminated signs and advertisements, security lighting, overspill from office/commercial premises and floodlighting of buildings and open spaces.

5.36

'Skyglow' is now recognised as a form of light pollution. This is caused by the refraction of light, emanating from larger settlements, by water vapour and dust particles, so creating an orange colouring of the sky which can eliminate views of the night sky for miles around. Where unaffected by skyglow, the darkness of the countryside can provide a welcome contrast to an otherwise well-lit night sky. By reducing the amount of excess light spilling into the night sky, both skyglow and energy consumption can be decreased.

5.37

Clearly, the planning system cannot control all lighting schemes. Even so, by applying the following principles to all applications for planning permission, it will be possible to achieve an attractive and safe night-time environment that minimises light pollution.

• All lighting should be the minimum necessary to be effective.

• Energy-efficient installations should be used wherever possible, with consideration given to the colour of this lighting, especially in Conservation Areas. However, in some cases, high-pressure sodium lights that generate a white light will be preferable to the more energy-efficient, low-pressure sodium (orange) lights.

• Lighting should be designed to limit spillage above the horizontal plane.

• Floodlights should be directed downwards onto the target, rather than upwards towards the sky.

• In some cases, it may be necessary to install baffles and shields, for example, in order to protect residential properties from light emanating from commercial, industrial or recreation facilities.

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Special Considerations

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5.38

Some existing activities are particularly sensitive to new development in the vicinity and a failure to prevent encroachment can limit their future operation. In particular, some developments require special environmental conditions for their successful operation. The power generated by wind turbines, for example, depends upon the strength of the wind. Consequently, the building of tall structures nearby can reduce local wind speeds and hence impair the operation of the turbines. There is also clear evidence that large prominent structures, such as tower blocks, dock cranes, warehouses and wind farms, can cause widespread disruption to television and other telecommunications due to the physical obstruction or reflection of signals. Other developments, for example those involving high-precision plant, require especially clean air and so the introduction of a development that may generate dust and other airborne pollution, for example a ready-mixed concrete plant, can affect production and require expensive remedial measures.

5.39

Problems can also occur when housing and other developments encroach upon the activities of those developments that may be regarded as 'bad neighbours'. Development near facilities authorised or licensed under pollution control legislation can lead to pressure for the imposition of higher and more costly standards of pollution control. Alternatively, it can lead to the revocation of, or refusal to renew, the authorization or licence and result in the closure of the business. Similar problems can arise where development is allowed near industrial units that generate noise and disturbance, near hazardous developments, or near farms with livestock accommodation or slurry or sludge storage.

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Third Party Interests

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5.40

The planning system does not exist to protect the private interests of one person against the activities of another. However, private interests may coincide with the public interest, and it is often difficult to distinguish between the two. The basic consideration is not whether owners and occupiers of neighbouring properties would experience financial or other loss from a particular development, but whether the proposal would unacceptably affect amenities and the existing use of land and buildings which ought to be protected in the public interest.

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Personal Circumstances

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5.41

Planning permission normally runs with the land and it is seldom desirable to provide for any other arrangement. The personal circumstances of an occupier, personal hardship, or the difficulties of businesses cannot normally be considered in the determination of planning applications.

5.42

Indeed, the Council is aware that past decisions to approve proposals based on the personal circumstances of the applicant have been abused. In any case, the development usually remains long after the personal circumstances of the applicant have ceased to be material. Consequently, such arguments will seldom outweigh the more general planning considerations and the policies of the Local Plan will apply equally to all.

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Advertisements

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5.43

All advertisements affect the appearance of the building, structure or place where they are displayed; and such appearances can be spoiled by a poorly designed or insensitively placed advertisement, or by a choice of advertisement materials, colour, proportion or illumination. The advertisement control system helps everyone involved in the display of outdoor advertising to contribute positively to the appearance and character of North Norfolk's towns, villages and countryside (where advance warning signs are a particular problem). Most outdoor advertisements are within the scope of the control regime specified by the Secretary of State in the Town and Country Planning (Control of Advertisements) Regulations 1992, as amended. These regulations enable local planning authorities to control advertisements in the interests of amenity and public safety. However, some types of advertisement are excluded from detailed control, and other specified categories of advertisement qualify for what is called 'deemed consent' provided they conform to certain conditions and limitations.

Area of Special Control

5.44

In the AONB and in Conservation Areas, the legislation allows control over some forms of outdoor advertisement that would not be controlled in other locations. For example, the right to display certain internally-illuminated advertising with deemed consent does not apply.

5.45

In addition, the Secretary of State has approved orders defining 'Areas of Special Control of Advertisements'. Stricter advertisement controls apply in these areas. There is a lower maximum height limit and a smaller maximum size of letters and characters on all advertisements displayed with deemed consent. Some classes of advertisement, including general poster hoardings, may not be displayed at all.

5.46

The current Area of Special Control in Norfolk was approved in 1961 and applies to most of North Norfolk except for Cromer, Fakenham, Holt, Hoveton, Melton Constable, Mundesley, North Walsham, East Runton, Sheringham, Stalham and Wells-next-the-Sea. There is an obligation on the Council to review this area, and to consider the desirability of adding further areas or removing areas where stricter control is no longer appropriate. Since the Order was made in 1961 there has been a considerable amount of development adjoining all the above settlements. Consequently, parts of the Area of Special Control are now built-up and include substantial areas of industrial and commercial development. The 1961 Order also excludes areas of open countryside adjoining these settlements.

5.47

The Council therefore intends to review and modify the Area of Special Control, which is regulated under separate legislation, so that it applies to the whole of the Local Plan area covered by the Countryside designation.

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