Agenda and minutes

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

Contact: Committee Services  01362 656870

No. Item


Minutes (Agenda Item 1) pdf icon PDF 123 KB

To confirm the minutes of the meeting held on 30 September 2013.


The Minutes of the meeting held on 30 September 2013 were confirmed as a correct record and signed by the Chairman.



Apologies & Substitutes (Agenda Item 2)

To receive apologies for absence.


Apologies for absence were received from Councillors Claussen and W Richmond.  Councillors Chapman-Allen and Duigan were present as Substitutes.


Apologies were also received from Paul Jackson, Planning Manager.



Declaration of Interest and of Representations Received (Agenda Item 3)

Members are reminded that under the Code of Conduct they are not to participate and must leave the room, for the whole of an agenda item to which they have a Disclosable Pecuniary Interest. 


In the interests of transparency, Members may also wish to declare any other interests they have in relation to an agenda item, that support the Nolan principles detailed within the Code of Conduct.


For reasons of transparency, Councillor Bowes declared that she sat on a Charity Fundraising Committee with the Applicant of Deferred Item 8a (Weeting) and knew one of the Directors of the Application Company of Schedule Items 3-9 (Stow Bedon & Breckles).


All Members had received direct representation concerning Schedule Items 3-9 (Stow Bedon & Breckles) and Schedule Item 10 (Harling).



Local Development Framework (Agenda Item 7)

To receive an update. 


The Director of Planning & Business Manager advised Members that the new Policy Team Leader, Philip James, had started work on 16 October 2013.


The report on the Community Infrastructure Levy (CIL) Draft Charging Schedule would be considered by Cabinet on 29 October with a recommendation for publishing for consultation.  Following that consultation and dependent on the representations received, the Schedule would be submitted for public examination with an independent inspector.  The aim was that the Schedule would be adopted in April 2014.  The Government was expected to release amendments to the CIL regulations shortly which were likely to include an extension to the period for the pooling of S106 agreements until April 2015, and exemption for self-build properties from CIL.


Attleborough Town Council had requested that a neighbourhood plan area, including parts of Besthorpe, be designated for the town.  A report would be presented to Cabinet on 29 October as the first stage.  The Plan would need to conform to the strategic policies contained in local planning policies.


The first consultation on the Local Plan was expected in spring 2014.  Work was continuing with the preparation of the issues and options document.  Studies had been commissioned to look at housing numbers and employment.  It was expected that those studies would report to the Local Plan Working Group meeting on 3 December.  The Attleborough Transport Studies would also form a key piece of the evidence base for the Local Plan and those studies would be presented to the Local Plan Working Group meeting on 29 October.  The report would seek the Council’s approval to do further work looking into the potential costs associated with a compulsory purchase order of land for the link road.


Other work associated with the Local Plan would include an update of the Local Service Centre Paper.  One of the first steps would be to update the services and facilities available within each parish.


Councillor Bambridge asked whether that work would increase or reduce the number of Service Centres and was advised that that would depend upon the results of the issues and options paper and of a Visioning Workshop which would be arranged and to which all Members would be invited.  Currently the work would focus on updating the existing information.



Deferred Applications (Agenda Item 8) pdf icon PDF 37 KB

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


WEETING: Land to east of The Beeches, Lynn Road: 24 dwellings: Outline application (Phase II): Applicant: Childerhouse Lodge Farms: Reference: 3PL/2013/0258/O pdf icon PDF 47 KB

Report of the Director of Commissioning.

Additional documents:


For transparency, Councillor Bowes declared that she sat on a Charity Fundraising Committee with the applicant.


This item had been deferred from the 29 July 2013 meeting for further information and the District Valuer’s (DV) appraisal of the viability.


The DV had confirmed that 12 Affordable Housing units were the most that could be provided.  The Public Open Space provision had also been amended.  The proposed allotments had been withdrawn.  The local areas of play and woodland proposed were considered sufficient to meet requirements.


Members were recommended to approve the application subject to a legal agreement, with the proviso that if the legal agreement was not signed within three months, authority was delegated to officers to refuse the application.


Mrs Whettingsteel (Agent) said that the legal agreement had already been drafted including a plan which identified the areas of Open Space.  She believed it could be signed quickly and then Phase One of the development could commence.


Councillor Lamb was concerned that Phase One and Two meant an additional 50 houses which was urban development not right for a rural village.  The Settlement Boundary was being broken again and protection of the Stone Curlew did not seem to matter.


The Director of Planning & Business Manager reminded Members that the application had been deferred for two specific reasons and he urged caution if they were to start looking at matters of principle.


Councillor Lamb thought that the removal of the allotments changed the whole application, so everything should be considered.


Councillor North recalled that more allotments had been offered than were required.  She noted that they had provided a buffer for the Special Protection Area (SPA) and now development would stretch right to the edge of that area.  She was concerned that Phase One was being altered after specific guidelines set down by the Inspector when it was approved on appeal.


The Agent advised that Phase One was approved in full and the only alteration was to turn two units north/south to create the access from Phase One to Phase Two. 


With regard to the allotments, she said that the first scheme had not provided enough and the second scheme had provided too many.  No agreement had been reached with the Parish Council.  Following discussions with the Planning Manager additional Open Space was proposed instead.  One of the play areas and some substantial woodland would provide a buffer with the SPA for Stone Curlews.


Councillor Bambridge asked for the Committee to receive advice about reasons for deferral at a future meeting, as he felt that when changes were made Members should be able to look at the whole application again.  Local people were concerned that there was not enough village infrastructure to support the development.  He was also concerned about the school.


The Director of Planning & Business Manager pointed out that NCC had been consulted and had only requested a library contribution.


Members were concerned about the loss of the allotment provision as it had been a condition of the original  ...  view the full minutes text for item 105a


SWANTON MORLEY: Lincoln House Care Home, Dereham Road: (1) 20 Assisted Living Units; (2) 5 Assisted Living Units: Applicant: Dr S Kaushal: Reference: (1) 3PL/2013/0626/F (2) 3PL/2013/0627/F pdf icon PDF 60 KB

Report of the Director of Commissioning.

Additional documents:


These applications had been deferred from the meeting held on 30 September 2013 for a traffic assessment and drainage details. 


A traffic assessment had been provided.  NCC Highways were content with the visibility at the junction.  A traffic count had been undertaken based on flows from the existing development and estimated forward to take the new development into account.  It had been concluded that the new development would produce lower numbers than normal C3 development.


A Drainage Engineer had considered the scheme and concluded that local flooding was primarily due to the silting up of gullies.  The attenuation pond had been reconsidered in light of changes to Environment Agency guidelines in the last five years and was slightly below requirements.  An additional 64 cubic metres of capacity was required and would be conditioned if the applications were approved.


Mr Atterwill (Parish Council) had provided a lot of details from the Local Development Framework (LDF) against the development at the previous meeting.  He believed the Highways figures had been skewed and the total number of movements was much greater.  70 new homes would soon be built in the village and the additional traffic from them would increase safety concerns about the junction.  He also felt the development was C3b, not C2.  It should therefore make affordable housing and Open Space contributions.


Mr Porter (for Applicant) advised that in the Drainage report the latest analysis took account of climate change.  That had not been required to be considered previously.  He confirmed that the visibility splays at the junction exceeded NCC requirements.  The traffic survey had taken place during the school holidays but average daily figures did not change.


Mr Evans (Agent) reiterated that the application had been the subject of substantial consultation with the Planning department.


Councillor Robert Richmond (Ward Representative) asked Members to consider Localism.  Local residents had been actively involved in the LDF process and that work was not being taken seriously now.  Residents supported health care but the entrance to the development which also served the Doctor’s surgery, the Care Home and existing dwellings was heavily used and the junction was dangerous with many near misses occurring there.  The possibility of an alternative entrance had been mentioned and that could defuse a dangerous situation.


Councillor Duigan asked the Highways Consultant if the additional traffic from the 70 houses had been taken into consideration and whether it would have a material effect on the junction.  Mr Worsfold said that he had not done so as that development was further north within the village.  In his opinion the junction was suitable to cater for the increase generated by the developments.


Several Members were concerned that the new houses would increase the number of vehicles using the junction. 


Councillor Bambridge was concerned about the lack of a flood risk assessment and the dangerous junction.  He suggested that the alternative access should be explored.  He also felt that the C2/C3 issue was ambiguous.  Finally he said that localism should be taken into account.  ...  view the full minutes text for item 105b


Schedule of Planning Applications (Agenda Item 9) pdf icon PDF 154 KB

To consider the Schedule of Planning Applications:


Item No



Page No


Silver Drift Ltd




Millngate Swaffham Ltd




Traditional Norfolk Poultry Ltd

Stow Bedon/Breckles



Traditional Norfolk Poultry Ltd

Stow Bedon/Breckles



Traditional Norfolk Poultry Ltd

Stow Bedon/Breckles



Traditional Norfolk Poultry Ltd

Stow Bedon/Breckles



Traditional Norfolk Poultry Ltd

Stow Bedon/Breckles



Traditional Norfolk Poultry Ltd

Stow Bedon/Breckles



Traditional Norfolk Poultry Ltd

Stow Bedon/Breckles



Report for all 7 Traditional Norfolk Poultry Ltd applications list above




Forest Holidays LLP




Mr & Mrs J Hewitt




Taylor Wimpet East Anglia




S & A Jones Developments




Mr Robert Childerhouse




Additional documents:


RESOLVED that the applications be determined as follows:


(a)       Item 1: SWAFFHAM: Great Friars Farm, Silver Drift: Anaerobic digestion renewable energy facility and associated landscaping works: Applicant: Silver Drift Ltd: Reference: 3PL/2013/0623/F


Part of the access track to this development was a public right of way.  The application would make a positive contribution to renewable energy.


Mr Presslee (Agent) said the farm based facility was adjacent to large agricultural buildings and would provide clean, renewable energy from crops only (not from food waste).  It would produce enough energy for 6,000 homes and reduce CO² whilst providing fertilizer as a by-product.  It would support the viability of the farm.  Councillor Matthews, Ward Representative supported the application.  The development was not expected to increase problems on the access track.


Councillor North suggested that additional signage should be erected during construction urging due care for public safety.  She also requested that native species were used for screening.


Approved, as recommended.


(b)       Item 2: SWAFFHAM: Castle Acre Road: Vary conditions 2 & 7 on 3PL/2012/0269/F (revise site plan, floor plan, elevations, roof plan & landscape specs): Applicant: Millngate Swaffham Ltd & Tesco Stores Ltd: Reference: 3PL/2013/0712/F


This application for minor material amendments to a large Tesco store included changes to various aspects of the building including the repositioning of internal facilities.  The main issues were residential amenity, design and appearance, none of which were considered to be harmed by the amendments.


Approved, as recommended.


(c)        Item 3: STOW BEDON/BRECKLES: Breckles Farm Site, Land near Breckles Heath: Retain 2 small poultry arcs in movable locations within area on Drawing TNP001/0250 5-3 & feed silo (retrospective): Applicant: Traditional Norfolk Poultry Ltd: Application: 3PL/2013/0730/F


Items 3 to 9 were discussed concurrently.  All Members had received direct representation.  For transparency Councillor Bowes declared that she knew one of the Directors of Traditional Norfolk Poultry Ltd.


Recent amendments to the proposals had been included in the supplementary report on pages 139-141 of the agenda.  The three larger polytunnel sites were now only to house turkeys for the winter months.


The main issue was that the site was adjacent to Peddars Way and accessed off it.  There was substantial damage to the track’s surface and verges caused by the large vehicles using it.  There was also conflict between the vehicles and the pedestrians, cyclists and horse riders using the track.


The applicants had been advised that planning permission was required.  As a result of their failure to submit an application an Enforcement Notice had been issued.  An appeal against the notice had been dismissed and the Notice had come into effect on 24 August, but no action had been taken as the planning permission had then been submitted.


Councillor Cowen (Ward Representative) was unable to attend but had sent in a letter objecting to the retrospective applications and asking that if the recommendation was endorsed, all development should be removed including the materials used for roadways.


The local MP, Elizabeth Truss had also written asking Members to consider the job opportunities and value  ...  view the full minutes text for item 106.


Applications determined by the Director of Commissioning (Agenda Item 10) pdf icon PDF 93 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.






Applications Determined by Norfolk County Council (Agenda Item 11) pdf icon PDF 28 KB





Appeal Decisions (Agenda Item 12)

APP/F2605/C/13/2195494: HOCKERING: Land at Rectory Farm, Heath Road: Appeal against an enforcement notice by Mr David Brown forthe material change of use of the Land from use for agricultural use to mixed use for agricultural use and use for the stationing and residential use of a mobile home: Reference: ENF/2012/0475/CAS

Decision: The appeal succeeds. The enforcement notice is quashed and planning permission is granted in the terms set out in the Formal Decision.

Summary:  The Inspector considered there was an essential need for an agricultural worker to live on site for a limited period and granted temporary permission for three years subject to conditions limiting occupation to a person solely or mainly working, or last working, in the locality in agriculture or forestry or a widow or widower of such a person and to any resident dependents and a scheme for restoration of the site once the mobile is removed.

Costs application in relation to Appeal Ref: APP/F2605/C/13/2195494: HOCKERING: Land at Rectory Farm, Heath Road

Decision: The application fails and no award of costs is made.

Summary:  There was no unreasonable behaviour by the Council which led the appellant to unnecessary costs in pursuing the appeal.


APP/F2605/D/13/2201902: BEACHAMWELL: 7 Chestnut Walk: Appeal against the refusal to grant planning permission for an extension to the dwelling by Mr R Williams: Reference: 3PL/2013/0329/F

Decision: Appeal Dismissed.

Summary:  The Inspector considered that the extension, as a result of its bulk and design would detract from the character and appearance of No. 7 and would unbalance the appearance of the pair, to the detriment of the street scene.


APP/F2605/H/13/2194623: HOCKERING: Country Fresh Produce Ltd, Hill House: Appeal against the refusal to grant express consent for a non-illuminated sign by Rembrandt Restaurant Ltd: Reference: 3PL/2012/1167/A

Decision: Appeal Dismissed.

Summary:  The Inspector considered that the proposed advertisement would be an intrusive feature which would unacceptably detract from visual amenity and be a distraction to drivers, to the detriment of highway safety.


APP/F2605/A/13/2195807: ASHILL: 20 The Limes: Appeal against the refusal to grant planning permission for thesub-division to two x two bed bungalows by Mr Robert Tyne: Reference: 3PL/2012/1034/F

Decision: Appeal Dismissed.

Summary:  The Inspector considered that the sub division would adversely affect the living conditions of both future occupants of the new units and the occupants of No. 21 by virtue of movement and noise of cars close to ground floor habitable rooms


APP/F2605/A/13/2199105: BRADENHAM: Land opposite Westbrooke Barns, West End: Appeal against the refusal to grant outline planning permission for a two-storey dwelling (self build) by Mr S Hindrey and Miss L Raven: Reference: 3PL/2012/1309/O

Decision: Appeal Dismissed.

Summary:  the Inspector considered the dwelling would be in an isolated location, remote from services.  Its scale and elevated site would result in a prominent building that would detract from the rural character of the area.  Visibility at the access would be unacceptably poor. 


APP/F2605/A/13/2196149: ROCKLANDS: Holly Cottage, Chapel Street, Rockland St Peter: Appeal against the  ...  view the full agenda text for item 109.