13 August 2010
Application for Determination
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
Applicant Ferry Marina Limited
Recommendation Approve subject to conditions
Reason for referral Objection anticipated.
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
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
MH/RE/rpt/pc130810 /Page 1 of 5/040810
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.
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.
MH/RE/rpt/pc130810 /Page 2 of 5/040810
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
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
Opportunities to mitigate the visual impact of currently intrusive features
should be sought.
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.
MH/RE/rpt/pc130810 /Page 3 of 5/040810
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
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.
6.1 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
MH/RE/rpt/pc130810 /Page 4 of 5/040810
there are not considered to be any significant adverse impacts on the
amenities of adjoining occupiers.
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
List of Appendices: Appendix 1 Location Plan
Background papers: Application File BA/2010/0234/FUL
Author: Maria Hammond
Date of Report: 29 July 2010
MH/RE/rpt/pc130810 /Page 5 of 5/040810