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 101 KB

To confirm the minutes of the meeting held on 24 November 2014.


The Minutes of the meeting held on 24 November 2014 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 Chapman-Allen, Lamb and Sharpe.  Councillor Joel was present as a Substitute.



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.


Agenda Item 9a – Deferred Item (Lyng) – All Members had received direct correspondence.


Agenda Item 10 – Schedule Item 1 (Attleborough) – Councillor North had received direct correspondence.



Chairman's Announcements (Agenda Item 4)


The Chairman welcomed Councillor Canham to her first meeting as a full member of the Committee.  He also thanked Councillor Armes for her work on the Committee in the past.


Members would receive a review of the District Valuer’s presentation at the end of the meeting.



Requests to Defer Applications included in this Agenda (Agenda Item 5)

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.





Urgent Business (Agenda Item 6)

To note whether the Chairman proposes to accept any item as urgent business, pursuant to Section 100(B)(4)(b) of the Local Government Act 1972.





Local Plan Update (Agenda Item 7)

To receive an update. 


The Planning Policy Officer gave Members a brief update.


The consultation on the Issues & Options document was on-going.  Five events had been held in the market towns which had been well attended.  The key issues of interest had been housing growth, infrastructure, business growth and the five year housing land supply.  The consultation was open until 5 January 2015.  The document was available on the website and in libraries.  All comments were welcome. 

There was also a call for sites for inclusion in the new Local Plan.  That opportunity would also close on 5 January 2015.


The Kenninghall Neighbourhood Plan consultation had concluded and a report would be presented to Cabinet on 13 January 2015.


The Local Plan Working Group had met on 11 December and reviewed the Retail and Town Centre Study.  Further work had been requested and that work was being undertaken.



Changes to Planning Practice Guidance for Planning Obligations (Agenda Item 8) pdf icon PDF 85 KB

Report of the Executive Director Place.


The Planning Policy Officer presented the report which brought recent changes to Planning Practice Guidance to Members’ attention and explained how they would impact upon Breckland.


The biggest change was that with effect from 28 November 2014 planning obligations could no longer be required from sites of ten or less houses.  Previously the Council had sought affordable housing provision on sites of five or more and financial contributions (to open space, etc) from every dwelling approved.  


The Planning Policy Team was in the process of calculating how much money had been raised for Open Space, but with regard to affordable housing, £700,000 had been raised since the Council’s policy was introduced in 2009.  


Councillor Duigan asked if the new regulations would affect the Community Infrastructure Levy (CIL) and he was advised that as CIL was a tariff based contribution it would be affected by the new policy.  The Solicitor advised that CIL did not apply to affordable housing.


Councillor Claussen wanted to know the real impact on Breckland which had a lot of development below the threshold of ten dwellings.  He asked that the Planning Policy Officer be invited back to the Committee to provide those figures to give Members evidence to lobby the Government because there was no doubt that the loss of contributions would cause problems in the future.


Councillor Wassell (Leader of the Council) said that he would be interested to know the number of applications for between five and ten houses.  He had already lobbied Ministers on the effect of the changes on rural communities and he would continue to do so.


Councillor Claussen asked for the figures for smaller developments to be included as well as they made contributions to open space.  Members needed a complete understanding on the effects of the changes.


In response to a question from Councillor North the Planning Manager advised that any applications previously approved subject to a legal agreement, where that agreement had not yet been signed, were likely to come back to the Committee for review.


The report was noted.



Deferred Applications (Agenda Item 9) pdf icon PDF 43 KB

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


LYNG: Lakeside Country Club, Quarry Lane: Revocation of part consent 3/90/1720/F (16 units - 1 bed) and install 9 holiday lodges (static caravans) and works: Applicant: Lakeside Lakes & Apartments: Reference: 3PL/2014/0373/F pdf icon PDF 1 MB

To consider the application following the Site Visit held on 18 December 2014.


Members had received direct correspondence on this application.


The application had been deferred from the previous meeting for a site visit which had been carried out on 18 December 2014.  The Officer gave a brief recap of the details of the application and showed photographs of the site.  The proposal was to exchange an existing permission for 16 one bedroom units, for nine holiday lodges.


A previous application had been refused solely on the grounds of impact on neighbours.  The present application had amended the layout to provide a grassed buffer area between the development and the neighbours.  The Highways requirement for an upgrade to Quarry Lane would form part of a legal agreement if the application was approved.


Mr Lambley (Parish Council) reiterated his concerns about the site which had a history of unenforced conditions.  The bowls club was no longer resident and there was an aura of decline.  A previous approval remained un-built which implied that there was no justification for further units.  Wensum Valley was an area of high value and he urged Members not to approve the application without a clear plan for the future.


Mr Booth (Objector) said there had been erroneous information in the press about the amount of accommodation on site.  Some of the units were occupied semi-permanently which meant that traffic used the lane at all hours.  The sewer system had problems.  Prior planning conditions had not been complied with or enforced.  There should already be buffer fencing but it had been removed.  Residents wanted a legal undertaking that the road improvements, traffic calming and the buffer planting would be in place before further development commenced.


Mr Lewis (Agent) said there had been a reduced demand for bowls facilities and the owners had to react to the needs of the holidaymakers.


Councillor Bambridge (Ward Representative) referred to the high environmental value of the Wensum Valley which had protected status.  He was concerned that the access road was not in a good state despite previous planning condition requirements. There was concern that there would be hot tubs with the new lodges.  He had asked Members to understand the existing use of the accommodation before making a decision.  He thought they should require a business plan and suggested conditions on length of occupancy, lighting and drainage.


The Chairman read a letter he had received which claimed that Members had been entertained at the Club and spoken with the applicant during the Site Visit and that the decision had already been made.


The Officer that had attended the Site Visit said there had been no form of entertainment, Members had looked at the whole site and the only person they had met on site was the site manager.


Members that had attended the Site Visit strongly refuted the allegations and confirmed that no decision had been made.


Councillor Joel suggested that an occupancy restriction of 11 months should be applied.


Councillor Claussen referred to a mention of static caravans, but said he had seen only  ...  view the full minutes text for item 130a


NECTON: Town Farm, Chantry Lane: Erection of four dwellings: Applicant: Mr I Thompson: 3PL/2014/0590/O pdf icon PDF 43 KB

Report of the Executive Director, Place.

Additional documents:


This application had been deferred for details about viability.  However, due to the change in legislation no financial contribution would now be required.


The Officer gave a brief recap of the proposal and suggested that an additional condition be added, restricting the maximum floorspace of the dwellings.  No legal agreement was required.


RESOLVED that the application be approved subject to conditions, including an additional condition to ensure that the reserved matters detail provided for dwellings which had a maximum combined floor space of 1,000 square metres.



THETFORD: Variation of affordable housing obligation: Residential development off Croxton Road: Applicant: Baker & Nisbet Ltd: Reference: 3OB/2014/0009/OB pdf icon PDF 49 KB

Report of the Executive Director Place.

Additional documents:


This application had been considered by the Committee and deferred from the last two meetings for negotiations on affordable housing provision and financial contributions.


Due to the fundamental changes in National Planning Policy there was no longer a requirement for an affordable housing or financial contribution from sites of less than ten houses.  Therefore it was recommended that the S106 be varied as requested.


Mr Pettitt (Applicant) asked Members to determine the application today.  Despite protracted negotiations it had proven impossible to get long term finance for the site.  The changes to the legal agreement had therefore been sought as there was a genuine risk to completion.  It had been confirmed that the site was not viable and statements about the competency of Baker & Nesbitt had not been correct.  If the application was deferred again it would go to appeal and if awarded costs it would receive £5,000 which was what was being offered as a financial contribution.


RESOLVED that the current section 106 agreement be varied to omit the requirement for affordable housing and to require the payment of an affordable contribution of £5,000.



Schedule of Planning Applications (Agenda Item 10) pdf icon PDF 66 KB

To consider the Schedule of Planning Applications:


Item No



Page No


Tingdene Homes


36 - 44


Tudor Property Agents


45 - 50


Lifestyle Living Group


51 - 60


Mr K Bell


61 - 64


Otley Properties

Whinburgh & Westfield

65 - 70


Breckland Council


71 - 74



RESOLVED that the applications be determined as follows:


(a)       Item 1: ATTLEBOROUGH: Land adjacent Oak Tree Park, Norwich Road: Outline application for the erection of 25 dwellings: Applicant: Tingdene Homes: Reference: 3PL/2013/1039/O


Councillor North had received direct correspondence on this item.


This was an outline application for 25 dwellings with all matters reserved except access.  An indicative layout plan showed open space to the site frontage.  The site was well related to the town and surrounded on three sides by development.  40% affordable housing was proposed and viability had been confirmed by the District Valuer.


Local residents had raised a wide range of concerns which had been supported by the Ward Representative Councillor Pettitt.  She had been unable to attend the meeting but had sent a letter in which she said the development was not in keeping with the street scene and raised concerns about lack of parking provision, density and drainage.


Officers felt there were insufficient grounds to refuse the application.


Mr Lewis (Objector) was Secretary of the Oak Tree Park Residents’ Association.  They would prefer an extension of Park Homes.  It was not a caravan park; the Park Homes were smart one and two bed homes, good for downsizing for the semi-retired and retired.  The proposed homes were crowded and close to existing.  There would be overlooking and increased noise levels.


Councillor Joel was sad to lose the open space and noted that the green area to the site frontage caused the density problems.

The Chairman asked about development on the opposite side of the road and was advised that an application on that site for 350 dwellings would be likely to be presented to Members in March 2015.


Councillor North requested that if approved the application should form part of the 4,000 dwellings approved for Attleborough and should be included in the Neighbourhood Plan.  She noted that the site was on a regular bus route.


Councillor Spencer asked for more landscaping to be required including trees to provide screening.


Approved, as recommended.


(b)       Item 2: DEREHAM: Adjacent to 9 Brook Grove: Erection of new two bedroom bungalow: Applicant: Tudor Property Agents: Reference: 3PL/2014/0542/F


This application proposed development in the side garden of an existing dwelling in an area of mixed development.  The two main issues were the effect on the character of the area and on the amenity of residents.  There had been two previous refusals on the site on the grounds of over-development.


Mr Ward (Objector) said the proposal was contrary to the Local Plan and harmful to the street scene.   It did not overcome previous objections and would result in a cramped form of development to the detriment of the character and appearance of the area.


Mr Sizer (Agent) had worked closely with Officers to revise the proposal to address amenity space and parking issues.  The hedge would screen the development from the street.  Disabled access would be provided to the principle entrance.


Councillor Duigan said the site was in his Ward  ...  view the full minutes text for item 131.


Applications determined by the Executive Director of Place (Agenda Item 11) pdf icon PDF 90 KB

Report of the Executive Director of Place.


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 12) pdf icon PDF 32 KB





Appeal Decisions (Agenda Item 13) pdf icon PDF 41 KB