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11/00713/F - Borough Council of King's Lynn & West Norfolk

11/00713/F - Borough Council of King's Lynn & West Norfolk

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designed in such a way as to minimise over-looking to adjacent properties. For the most<br />

part, it is the amenity space <strong>of</strong> the dwelling in question that is over-looked.<br />

The access to the new dwelling will introduce a level <strong>of</strong> activity into the rear gardens to both<br />

Lime and London House that does not exist at the moment. However, given the relatively<br />

noisy environment in which the properties stand, i.e. adjacent to a main road, and that the<br />

level <strong>of</strong> activity would be relatively low, it is not considered unacceptable in this context.<br />

Highway Safety<br />

No objection has been received from the County <strong>Council</strong>, subject to conditions. One <strong>of</strong><br />

these is that the existing access to Lime House, via an archway, is stopped up and the drop<br />

kerb reinstated across the frontage. The rationalisation <strong>of</strong> access to all three dwellings<br />

across the petrol station site is put forward by the applicant as one <strong>of</strong> the benefits <strong>of</strong> the<br />

scheme. The Design and Access Statement acknowledges that the existing access to Lime<br />

House is dangerous and currently not used as it involves reversing out on to the road. To<br />

fully realise this particular benefit <strong>of</strong> the proposal would require the condition requested by<br />

the County and could be achieved simply by having a fixed ‘gate’ as currently exists.<br />

Other issues<br />

The proposal involves the change <strong>of</strong> use <strong>of</strong> the petrol station/garage site to garden land,<br />

which is a more sensitive use in terms <strong>of</strong> contaminated land. Conditions are requested by<br />

the <strong>Council</strong>’s Environmental Health Section to ensure that any residual contamination from<br />

the previous historic use is remediated.<br />

CONCLUSION<br />

Much has been made both by the applicant and third parties <strong>of</strong> the role that development <strong>of</strong><br />

the new dwelling will play in enabling investment in London House. Policy HE<strong>11</strong> <strong>of</strong> PPS5<br />

refers specifically to enabling development. Although it talks <strong>of</strong> development that departs<br />

from the development plan, it is clear that enabling development should only be accepted if<br />

the benefits outweigh the dis-benefits. If, in weighing the issues in the balance, significant<br />

weight is to be placed upon the enabling element <strong>of</strong> the proposals, then a mechanism would<br />

need to be put in place to ensure that the benefits are secured.<br />

However, in this instance, it is the view <strong>of</strong> your <strong>of</strong>ficers that, on balance, all elements <strong>of</strong> the<br />

scheme are acceptable in their own right. That is to say, the new dwelling does not<br />

materially detract from either the character <strong>of</strong> the Listed Buildings or the Conservation Area<br />

given the existing character <strong>of</strong> the area and could; as a result, proceed in the absence <strong>of</strong> the<br />

refurbishment to London House. Similarly, financial issues aside, the refurbishment <strong>of</strong><br />

London House and change <strong>of</strong> use to full residential occupation, could proceed in isolation to<br />

construction <strong>of</strong> the new dwelling. Consequently, no mechanism is proposed that would<br />

ensure that London House is refurbished, at least as part <strong>of</strong> the consideration <strong>of</strong> this<br />

application.<br />

Please note that details <strong>of</strong> materials are proposed to be attached to any grant <strong>of</strong> consent for<br />

listed building permission and are not replicated here.<br />

<strong>11</strong>/00950/F Development Control Board<br />

25 July 20<strong>11</strong><br />

83

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