BA20100234FUL Ferry Marina Ferry Road Horning

							                                                           Broads Authority
                                                           Planning Committee
                                                           13 August 2010

Application for Determination

Parish                    Horning

Reference                 BA/2010/0234/FUL Target date          6 September 2010

Location                  Ferry Marina, Ferry Road, Horning

Proposal                  Extractor fan for food preparation area to satisfy condition 4 of
                          PP BA/2010/0125/CU

Applicant                 Ferry Marina Limited

Recommendation            Approve subject to conditions

Reason for referral Objection anticipated.
to Committee

1       Description of Site and Proposals

1.1     The application site is the Helska Centre, at Ferry Marina, Ferry Road,
        Horning. The centre is a single storey, timber clad building which houses a
        modest swimming pool, toilets and changing areas, cafe and laundrette.
        The building is located at the entrance to Ferry Marina, to the west of a
        large basin and north of a large, open car park. To the south west of the
        site is the Ferry Inn public house and riverfront holiday properties line the
        western side of Ferry Road with a number of holiday properties on Parker
        Way to the northeast of the Helska Centre. The Centre currently opens
        08:00 to 22:30 daily during the holiday season and reduced hours out of
        season.

1.2     In May 2010 planning permission was granted for the change of use of a
        former games room and temporary linen store to form an extension to the
        existing food sales area with the intention of expanding the existing cafe
        operation to include fish and chip sales.

1.3     One condition of the planning permission required the submission of
        details of a kitchen extractor system and this application is seeking
        planning permission for a chimney to the proposed extractor system.

1.4     The extractor would be in the food preparation area which is in the
        westernmost part of the building. The chimney would exit the roof to the
        north of the ridgeline, approximately 3.5 metres from the western gable.
        The ridge line is approximately 3.8 metres above ground level. The
        chimney would extend a maximum of 1 metre above the ridge line and
        measure approximately 0.3 metres in diameter with a high velocity cowl at

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        the top with a diameter of approximately 0.5 metres. The chimney and
        cowl would be in galvanised steel.

1.5     The fan motor would be fitted within the building and the motor and ducting
        riser would be fitted with anti-vibration mountings.

2       Site History

        BA/2009/0140/CU Change of use from cafe and swimming pool to cafe and
        chandlers with external boat sales area – Approved subject to conditions.

        BA/2010/0125/CU Change of use to part of Helska Centre to provide
        extension to food sales area – Approved subject to conditions.

3       Consultation

        Broads Society – No objections.

        Parish Council – Horning Parish Council considers that this application should
        be refused. Like BA/2010/0125/CU, it is deceptive in its wording. The
        extractor is for the frying room for the preparation of take-away fish and chips.
        There is no mention of a filtration system, essential with nearby residences
        and adjacent boat canopies. Likewise suitable silencing should be necessary.
        Where is the induction system to balance the exhaust? This is a timber
        building with a deep fat fryer, but what materials are to be used for the walls
        and floor? As this building is in a flood risk area, due consideration should be
        given to the disposal of fats and oils.

        Horning Parish Council has asked for BA/2010/0125/CU to be re-applied for.
        The BA’s decision making process was subverted by the inappropriate
        behaviour of the applicant. The Parish Council, Broads Society, North Norfolk
        District Council and Environmental Health were not consulted both on the
        initial application, nor when the real change of use was revealed, as per the
        Code of Practice for Parish and Town Councils. Since the decision on
        BA/2010/0125/CU is currently under investigation, we ask that this application
        be withdrawn pending the outcome.

        District Member - To be reported orally.

        North Norfolk District Council Planning Department – To be reported orally.

        North Norfolk District Council Environmental Protection – Satisfied condition
        can be discharged.




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4       Policies

4.1     Broads Local Plan (Saved Policies)

        B11 - Design
        Development will only be permitted if its scale, form, design, external
        materials and colour would be appropriate to its setting. New development
        in the built environment should respect the character and townscape of the
        area. New development in the countryside should be appropriately located
        so as to minimise its visual intrusion in the landscape.

        EMP3 – Alterations and Extensions
        The alteration or extension of an existing building or site in employment use
        will be permitted provided all the following criteria are met:

        a) the scale and design of the alteration or extension would not have a
           significant adverse effect on the character of the existing building or the
           surrounding area; and
        b) there would be no significant adverse effect on the privacy and amenities
           of adjoining occupiers; and
        c) the development would not have a significant adverse effect on wildlife or
           wildlife habitats or on the character of the Broads landscape, waterways or
           built environment.

4.2     Broads Core Strategy adopted September 2007

        CS1 – Landscape
        Development and changes in land use / management must ensure that all
        aspects of the environmental and cultural assets of the Broads distinctive
        landscape are protected, enhanced and restored.

        Proposals should ensure opportunities for positive impacts on the following
        core assets have been addressed and adverse impacts avoided:

        (i)     the defining and distinctive qualities of the varied landscape character
                areas formed by the built and natural environment;
        (ii)    tranquillity and wildness as part of the Broads experience;
        (iii)   the value and integrity of nature conservation interest; and
        (iv)    the character, appearance and integrity of the historic and cultural
                environment.

        Opportunities to mitigate the visual impact of currently intrusive features
        should be sought.

5       Assessment

5.1     The key issues to consider in the determination of this application are the
        design of the chimney, the visual impact on the existing building and
        surrounding area and the impact on the amenities of adjoining occupiers.


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5.2     In terms of design, the proposed chimney is entirely functional and the
        proposal galvanised finish would largely be seen against the sky and is not
        inappropriate on a commercial building.

5.3     Although the chimney would protrude above the ridge line of the roof over the
        food preparation area and laundrette, the roof of the swimming pool and
        existing cafe area is higher and there are a number of vents and other
        protrusions on the roof of the building. In relation to the scale of the building
        the chimney is a relatively small addition and is therefore not considered to
        significantly adversely affect the character and appearance of the building.

5.4     The character of this area of Ferry Road is mixed with the commercial
        boatyard of Ferry Marina, the Ferry Inn public house and a number of
        waterside holiday lets. Only glimpsed views of the building can be seen from
        the main river, and this is within the context of the surrounding development
        where the buildings are of a variety of ages, styles and scales. Given this
        context, the addition of a chimney to the Helska Centre building is not
        considered to result in any significant adverse impacts on the character and
        appearance of the area.

5.5     In terms of impact on the amenities of adjoining occupiers, the extractor
        system has been designed to minimise noise and to efficiently expel
        emissions from the building. The nearest properties are approximately 16
        metres from the food sales area and 20 metres from the food preparation
        area. There are restrictions on the opening times of the Centre and the
        proposal for the change of use was not considered to result in any significant
        adverse impact on the amenities of adjoining occupiers. The high velocity
        cowl would propel emissions upwards and the Environmental Protection
        Officer is satisfied that the proposed extraction system is acceptable to meet
        the requirements of the condition and would not result in any significant
        detrimental impact on residential amenities. The proposal is therefore not
        considered to result in any significant adverse impact on the amenity of
        adjoining occupiers.

5.6     In respect of the objection from the Parish Council, Members should be aware
        that there is an on-going issue in respect of the previous application for the
        change of use of part of the building to a fish and chip shop and that the
        Parish Council have requested that that planning permission be revoked.
        There are no grounds for a revocation and they have been advised of this and
        are pursuing a complaint. This is a separate matter which is subject to the
        appropriate processes and is not valid justification or reason for this
        application to be withdrawn.

6       Conclusion

6.1     The proposed chimney to an extractor system is functional in design, form,
        scale and materials and is not considered to detract from the character and
        appearance of the existing building or surrounding area. The Environmental
        Protection Officer is satisfied that the proposed system is appropriate and


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        there are not considered to be any significant adverse impacts on the
        amenities of adjoining occupiers.

7       Recommendation

7.1     Approve subject to conditions

        (i)     Standard time limit
        (ii)    In accordance with submitted plans

8       Reason for Recommendation

8.1     The proposal is considered to be in accordance with saved Policies B11 and
        EMP3 of the Broads Local Plan (1997) and Policy CS1 of the adopted Core
        Strategy (2007).


List of Appendices:     Appendix 1 Location Plan
Background papers:      Application File BA/2010/0234/FUL
Author:                 Maria Hammond
Date of Report:         29 July 2010




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