Modern.gov

Unpublished

    Agenda and minutes

    Planning Committee
    Monday, 31st October, 2011 9.30 am

    Venue: Anglia Room, The Conference Suite, Elizabeth House, Dereham

    Contact: Committee Services  01362 656870

    Items
    No. Item

    157.

    Minutes pdf icon PDF 92 KB

    To confirm the minutes of the meeting held on 3 October 2011.

    Minutes:

    The Minutes of the meeting held on 3 October 2011 were confirmed as a correct record and signed by the Chairman.

    158.

    Apologies & Substitutes

    To receive apologies for absence.

    Minutes:

    Apologies for absence were received from Cllr S Rogers, Cllr P Duigan was in attendance as his substitute.

    159.

    Declaration of Interest and of Representations Received

    Members are asked at this stage to declare any interests they may have in any of the following items on the agenda.  The Members’ Code of Conduct requires that declarations include the nature of the interest and whether it is personal or prejudicial.

    Minutes:

    Cllr P Duigan declared a prejudicial interest in Agenda Item 9, Deferred Item (a) Dereham, by virtue of being a Member of Dereham Town Council.

     

    Cllr Sharpe declared a prejudicial interest in Agenda Item 10, Schedule of Planning Applications, Item 13 Swaffham, by virtue of being an Executive Support Member for Asset Management.

     

    Cllr Wilkin declared a personal interest in Agenda Items 11 & 12, by virtue of having attended a function in the past with the applicant, but it was not relevant to the applications.

     

    Cllr Nunn declared a personal interest in Agenda Items 11 & 12, by virtue of being a distant relative of the applicant.

     

    160.

    Requests to Defer Applications included in this Agenda

    To consider any requests from Ward Members, officers or applicants to defer an application included in this agenda, so as to save any unnecessary waiting by members of the public attending for such applications.

    Minutes:

    Prior to the meeting Item No. 4 of Agenda Item No. 10, Schedule of Planning Applications, had been withdrawn : Lynford : Lynford Hall Mobile Home Park, Lynford Hall for Lynford Hall Hotel : Reference : 3PL/2011/0808/F.

    161.

    Local Development Framework (Standing Item)

    To receive an update. 

    Minutes:

    The initial report into Site Specifics would be subject to a further 6 week consultation period which ends 5 December 2011.  Final submission for TAAP was scheduled for mid November with provisional dates for examination in public February/March 2012.

    162.

    Representation On Outside Bodies

    To nominate 2 representatives to the following Liaison Group for the ensuing year (no political balance), due to 2 vacancies.

     

    EPR Liaison Group (existing/previous Members : Mr T Lamb, Mr P Cowen, Mr R Kybird).

    Minutes:

    The Chairman suggested to Cllr Lamb that the EPR Thetford Liaison Group, which is a sub-group of the Planning Committee, should be disbanded as the Planning Committee have no involvement in it.  She suggested that perhaps Thetford Town Council might like to take over administration of the Group to continue providing liaison between residents and the Power Station.  The proposal would be put to the Planning Committee on 28 November 2011.

    163.

    Deferred Applications pdf icon PDF 45 KB

    To consider applications deferred at previous meetings including some, but not all, of those shown on the attached Schedule of Deferred Applications.

    163a

    Dereham : Erection of Block of 14 Residential Apartments inc. Access and Parking Areas at Fleece Meadow, Norwich Street, Dereham for Pelorus : Reference : 3PL/2011/0565/D pdf icon PDF 52 KB

    Report of the Director of Commissioning.

    Additional documents:

    Minutes:

    Cllr P Duigan declared a prejudicial interest by virtue of being a Member of Dereham Town Council, and left the room.

     

    RESOLVED that the application be approved as recommended.

    163b

    Hardingham : Conversion of Garage to Dwelling at Oak Lodge, Nordelph Corner for Alan Irvine : Reference : 3PL/2011/0618/F pdf icon PDF 49 KB

    Report of the Director of Commissioning.

    Additional documents:

    Minutes:

    Mr Townshend, Applicant, stated that to tie the garage conversion to the existing dwelling would not work due to mortgage issues, it would not create a secure home for his son and family, if he and his wife downsized in the future their son and his family would lose their home and the main house was 20m away.  It was an existing building with only 2 small dormer windows and would make no difference to the countryside.  There were transport links less than a mile away at Hingham. 

     

    RESOLVED that the application be refused as recommended.

    163c

    MUNDFORD: 60-62 Malsters Close (Plots A and B), Mundford: Erection of two detached houses with integral garages and parking spaces off a private drive for Mr J Newboult/Mr Stephen Hart, The Whitworth Company Partnership: Reference: 3PL/2011/0192/F pdf icon PDF 66 KB

    Report of the Director of Commissioning.

    Additional documents:

    Minutes:

    For Members’ benefit, the Principal Planning Officer (Major Projects) explained the various flood zones 1-3.  He read out an email from Cllr Ann Steward in which she stated that the Parish Council and residents continued to raise concern over the application and that the area had been left clear due to flooding and to be used as open space.

     

    RESOLVED that the application be approved as recommended.

    164.

    Schedule of Planning Applications pdf icon PDF 255 KB

    To consider the Schedule of Planning Applications :

     

    Item No

    Applicant

    Parish

    Page No

    1

    Greenshoots Energy Ltd

    Kenninghall

    14

    2

    Greenshoots Energy Ltd

    Kenninghall

    15

    3

    Mr G Lond Caulk

    Griston

    16-19

    4

    Lynford Hall Hotel

    Lynford

    20-26

    5

    Hopkins & Moore Ltd

    Swanton Morley

    27-34

    6

    Mr David Garner

    Hockham

    35-38

    7

    Paul Rackham Limited

    Roudham/Larling

    39-47

    8

    Richard Johnston Ltd

    Quidenham

    48-51

    9

    Mr Robin Green

    Dereham

    52-59

    10

    C R Melton & Sons

    Narford

    60-63

    11

    Mrs Kathryn McCarthy

    Shipdham

    64-66

    12

    Ms S J Jarvis

    Lyng

    67-71

    13

    Breckland Council

    Swaffham

    72-75

     

    Minutes:

    RESOLVED that the applications be determined as follows :

     

    (a)       Item 1 : Kenninghall : Garboldisham Road : Renewable Energy Facility for Greenshoots Energy Ltd : Reference : 3PL/2010/1372/F

     

                See minute numbers 166/11 and 167/11.

     

    (b)       Item 2 : Kenninghall : Crown Mill Ltd : Heat & Power Generating Unit & underground gas pipeline for Greenshoots Energy Ltd : Reference : 3PL/2011/0445/F

     

                See minute numbers 166/11 and 167/11.

     

    (c)        Item 3 : Griston : Old Dairy, Caston Road : Create link between house and garage and convert garage into a day room (retrospective) for Mr G Lond Caulk : Reference : 3PL/2011/0613/F

     

                Refused, as recommended.

     

    The Planning Manager advised that enforcement of the non use of the garage would be considered, but enforcement would take place with regard to the demolition of the link between the two.

     

    (d)       Item 4 : Lynford : Lynford Hall Mobile Home Park, Lynford Hall : Continued use of site for 46 park homes for Lynford Hall Hotel : Reference : 3PL/2011/0808/F

     

                The application had been withdrawn on 26 October 2011.

     

                Withdrawn.

     

    (e)       Item 5 : Swanton Morley : Greengate : Erection of 20 residential dwellings with associated garaging, parking and access for Hopkins & Moore Ltd : Reference : 3PL/2011/0830/D

     

                Committee Members had received communication from Mr Atterwill.

     

    The Principal Planning Officer (Major Projects) brought to the Committee’s attention the amendments made to the Reserved Matters application to try and ensure the layout and design materials picked up on distinctive features found in Swanton Morely.  The Parish Council were concerned that too many materials were proposed, but he believed there was scope for simplification of the palette of materials.  Local interest and opposition had been focused on flooding and surface water drainage.

     

    Mr Atterwill, Parish Council, advised that there was no detail with regard to street lighting.  The farm access gate was a safety issue.  They objected to the rendered appearance of properties which were not in keeping with the village and wanted the white horizontal cladding removed.  Drainage was of concern as there was a history of flooding at Nos. 40 and 42 as shown in photographs to Members.  There should have been a Flood Risk Assessment carried out.  The swale was not thought to be sustainable.  He asked for the item to be deferred or refused.

     

    Mr Hyde, Objector, stated that the applicant proposed to discharge surface water onto his land, which did not belong to the developer.  He asked that interested parties met for an informal meeting with the Council to enable clarity of the legal status. 

     

    Mrs Briggs, Objector, stated that questions remained unanswered.  No Flood Risk Assessment had been published, there was no mention of the slope of the land.

     

    Mr Eburne, Applicant, advised that the site was within the Settlement Boundary and was supported by statutory consultees.  It delivered 7 affordable dwellings.  Flood risk problems would be alleviated by the development, without it, flood issues would remain.  There was no intention to drain water into the pond.

     

    Mr Richmond, Ward  ...  view the full minutes text for item 164.

    165.

    Applications determined by the Director of Commissioning pdf icon PDF 69 KB

    Report of the Director of Commissioning

     

    Members are requested to raise any questions at least two working days before the meeting to allow information to be provided to the Committee.

     

    Minutes:

    Noted.

    166.

    Kenninghall : Proposed Biogas Renewable Energy Plant, Land Off Gardboldisham Road for Greenshoots Energy Ltd : Reference : 3PL/2010/1372/F pdf icon PDF 109 KB

    Report of the Director of Commissioning.

    Please note this item will not be heard by the Committee before 2 p.m

    Minutes:

    The application was considered at the same time as the item below.  Members had received correspondence about both applications.

     

    Cllr Wilkin declared a personal interest by virtue of having attended a function in the past with the applicant, but it was not relevant to the application.

     

    Cllr Nunn declared a personal interest by virtue of being a distant relative of the applicant.

     

    The Principal Planning Officer (Major Projects) presented his reports.  He pointed out the differences between the Taverham plant which the Members had visited and these proposals.  Crown Chicken had confirmed that it intended to submit an application for a Certificate of Lawfulness.  He explained the involvement of the Health & Safety Executive was a reactive one once the proposed development was in operation.  Whilst the HSE was not prepared to comment further on the proposal, it was understood if they had had serious concerns they would have included them within their reply to the Council.  Since the report the Fire Officer had stated that a condition be required that water and fire fighting facilities be made available on site.

     

    Mr Gordon, Chairman, Kenninghall Parish Council, stated both applications were opposed and a 500 signature petition had been submitted to Breckland Council.  The proposed Biogas Renewable Energy Plant was in a conspicuous location, it sat on the horizon and was now more visible from a wider circumference.  Road safety as well as the safety and security of the site was deeply worrying.  Sustainability and credentials of the project was questionable along with the impact on biodiversity.

     

    Mr Kay, Objector, lived at Heath Farm and stated the proposal did not comply with Policy.

     

    Ms Burridge, Objector, advised that Greenshoots was not like a farm in scale and would dominate a beautiful landscape.  It would be hugely detrimental on high ground.  Any increase in noise would be noticeable.  Fuel security was of concern, and there would be smells from feed stock.  Further large vehicles on the roads were not wanted.

     

    Mr Sibley, Youth Council, advised that the Youth Council were against any proposal.  Traffic, noise and odours would increase.  He questioned the location as the Applicant owned other land.

     

    Mr Alston, Applicant, believed there was a lack of understanding between the town and village.  Noise standards would be achieved.  They were totally confident in the project for future generations and they would improve on standards and performance.  Having seen the plant located at Taverham, they could provide a bund.  The fresh water lagoon which collected water from the roof domes and silage clamps would be uncovered.  At Crown Mill, the methane that goes to the plant should save in the region of £200,000 of fossil fuels.  The hopper would have a lid on it and would be opened once a day hydraulically.

    In respect of the CHP Plant, Ms Scott Barber, Kenninghall Parish Council, commented that there was no written evidence that the engine and enclosure would meet noise limits.  Evidence was required of what would be built and how it would  ...  view the full minutes text for item 166.

    167.

    Kenninghall : Proposed CHP Plant, Crown Milling, Heath Road, Edge Green for Greenshoots Energy Ltd : Reference : 3PL/2011/0445/F pdf icon PDF 75 KB

    Report of the Director of Commissioning.

    Please note this item will not be heard by the Committee before 2 p.m

     

    Minutes:

    The application was considered at the same time as the above item, therefore Minute number 166/11 referred to this item also.

     

    Cllr Wilkin declared a personal interest by virtue of having attended a function in the past with the applicant, but it was not relevant to the application.

     

    Cllr Nunn declared a personal interest by virtue of being a distant relative of the applicant.

     

    RESOLVED that the proposed CHP Plant : Reference : 3PL/2011/0445/F be approved as recommended, subject to conditions relating to noise mitigation, boundary noise limits, external lighting, tree protection, wildlife mitigation, groundwater protection and contamination.

     

    Mr Gordon, Kenninghall Parish Council stated that in light of the outcome, they would take both decisions to Judicial Review.

     

    168.

    Enforcement Items pdf icon PDF 64 KB

    Report of the Director of Commissioning.

     

    Members are requested to raise any questions at least two working days before the meeting to allow information to be provided to the Committee.

    Minutes:

    Noted.

    169.

    Applications Determined by Norfolk County Council (For Information) pdf icon PDF 35 KB

    Minutes:

    Noted.

    170.

    Exclusion of Press and Public

    To consider passing the following resolution :

     

    “That under Section 100(A)(4) of the Local Government Act 1972, the press and the public be excluded for the meeting for the following item of business on the grounds that it involves the disclosure of exempt information as defined in paragraph 7 of the Schedule 12A to the Act”.

     

    PART B

    ITEMS FROM WHICH THE PRESS AND THE PUBLIC ARE EXCLUDED

    171.

    Enforcement Item : Colkirk

    Report of the Director of Commissioning

    Minutes:

    RESOLVED that direct action be taken by the Council to remedy the breach by entering the land and doing the work themselves (s.178) – the Council to recover its reasonable costs from the owner of the land, and/or place a charge on the land.

     

    Housing Officers would make the appropriate assessment. The Planning Manager would keep the Planning Committee informed.