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 98 KB

To confirm the minutes of the meeting held on 9 June 2008.


The minutes of the meeting held on 9 June 2008 were confirmed as a correct record and signed by the Chairman.



Apologies (Agenda Item 2)

To receive apologies for absence.


Apologies for absence were received from Mrs M Chapman-Allen, Mr R Kemp, Mr T Lamb and Mr M Spencer.



Declaration of Interest (Agenda Item 3)

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.


Members and officers were asked to declare any interests at the time the applications were made.


Cllr C Bowes declared a personal and prejudicial interest in Agenda Item 9 / Schedule Item 2 (Watton) by virtue of the applicant being her family’s business.

Mrs A Steward declared a personal interest in Agenda Item 9 / Schedule Item 2 (Watton) by virtue of being a family friend of the applicant.

Mrs D Irving declared a personal and prejudicial interest in Agenda Item 9 / Schedule Item 2 (Watton) by virtue of being a close friend of a member of the applicant’s family.



Chairman's Announcements (Agenda Item 4)


The Chairman introduced Jayne Owen, Senior Development Control Officer to Members, she would be presenting to Committee today.


The Principal Planning Officer (Major Projects) was asked to update Members on the McCarthy & Stone application at Attleborough, which had been considered by Development Control Committee on 9 June 2008 (See Minute No 93/08 (e)).  He told Members that the application had been approved subject to the Section 106 Agreement being signed within the 13 weeks.  Unfortunately the draft had been received too late to facilitate this and the application had therefore been refused.  Further discussions with the applicant were on-going and it was hoped that they would resubmit the application.



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.


There were none.



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.


No urgent business.



Local Development Framework (Agenda Item 7)

To receive an update. 


The Principal Planning Policy Officer told Members that the documents had been sent out to all Councillors, Town and Parish Councillors and Statutory Stakeholders for the Site Specific consultation.  Details were also on the Breckland Council website and representations could be made on-line there.  16 comments had already been posted.


The documents covered two aspects, consultation on Settlement Boundaries and consultation on the 650 sites submitted.  There was also an opportunity for other sites to be submitted and Members would be advised of these.


The extensive round of Town and Parish Meetings was continuing with another 16 planned over the next two weeks.


The next meeting of the Policy Development and Review Panel 1 on 15 July 2008 would focus on changes to National and Regional Policy.



Necton: Site adjacent 18 Mill Street: Site for residential development for Mr T Wicks: Application Reference 3PL/2008/0114/O (Agenda Item 8a) pdf icon PDF 41 KB

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

Additional documents:


The Senior Development Control Officer told Members that this application had been approved at Development Control Committee on 19 May 2008, subject to a S106 Agreement to secure a long term drainage maintenance agreement.


The applicant had requested that this requirement be covered by a condition, rather than a legal agreement.  Officers considered that a carefully worded condition would suffice and Members were asked to approve this change.


The Solicitor and Standards Consultant had no objection to this change but considered that the wording should specify ‘Prior to the commencement of development’.


A Member asked what the difference was between a condition and a legal agreement in terms of enforcement in perpetuity.


The Solicitor advised that a condition could be subject to immediate appeal by the applicant, whereas a legal agreement was contractually binding for five years.  He explained that S106’s were useful where there were a lot of details to be negotiated, but that in this case a condition should suffice.


Another Member asked the reason why the applicant was requesting the change and was told that it was a matter of speed and works could commence much sooner without a legal agreement.


Another Member was concerned that agreeing the change might lead to problems of enforcement in the future, however, the Development Services Manager pointed out that a previous application on this site was the subject of an appeal to be heard by informal inquiry on 31 July 2008 and matters could be taken out of the Council’s hands if this appeal was upheld.


RESOLVED to approve the use of a condition in substitution for the S106 Agreement as recommended, subject to the wording of the condition being changed to Prior to the commencement of the construction of any of the dwellings hereby approved.. etc.



Watton: Land off Brandon Road: Demolition of existing buildings and erection of housing, creation of new access road for Bowes of Norfolk Ltd: Application Reference: 3PL/2008/0547/O (Agenda Item 9) pdf icon PDF 77 KB

Report of the Development Services Manager.


Cllr C Bowes and Mrs D Irving declared a personal and prejudicial interest in this item and left the room whilst it was discussed.  Mrs A Steward declared a personal interest.  Mr W Borrett left the meeting before this item.


The Principal Planning Officer (Major Projects) introduced this outline application for approximately 130 dwellings on part of the Bowes of Norfolk site.  Currently much of this site was hardstanding, used for parking and storage.  A new area for employee parking would be provided within the Bowes site opposite.


A site location plan was shown and the nearby site of an application previously refused at Committee on 19 May 2008 due to noise concerns, was pointed out to Members.


Photographs were also shown to give context to the site and show its relationship to existing buildings and the open countryside beyond.


A further Noise Assessment had been submitted.  This had recommended various measures to mitigate potential noise problems from the road and from the Bowes’ site including enhanced glazing to the dwellings at the front of the site and measures to tackle noise from the plant at its source.  As both sites were in the applicants’ ownership it was possible to condition these measures.


With regard to the recreation provision it was proposed that only 25% would be met on site – with the provision of the children’s play area.  The other 75% of sports and playing field provision would be met off-site and the current proposal was for an area of approximately three acres at Saham Road to be transferred to Breckland Council and then on to Watton Town Council.  This land would fit well with Town Council plans to create a new park.


The District Valuer had been requested to confirm that this offer of land would sufficiently equate to the requirement.


Negotiations about when the land would be transferred had also taken place.  Normally the transfer would be triggered by the commencement of development.  However in this case the Town Council had asked for an earlier transfer and the applicants had agreed to this in principle.


In conclusion it was considered that this was a suitable site for housing and subject to conditions and a S106 legal agreement, the recommendation was for approval.  As the applicants were willing to transfer the land early they were requesting amendments to the other trigger points within the legal agreement.  The Principal Planning Officer (Major Projects) suggested that the recreation provision should be the first requirement, followed by the affordable housing element, then education contributions and finally highway contributions.  He asked Members to confirm their agreement to this prioritisation of the requirements. 


Mr Wells, on behalf of the applicants, was present to answer questions and added that the possibility of an extension to the term of the permission had also been discussed.


Mr Horn and Mr Adcock, representing the Town Council, were excited about the chance of land in relation to the ‘Project Rainbow’ proposals for a new park.  Members  ...  view the full minutes text for item 107.


Schedule of Planning Applications (Agenda Item 10) pdf icon PDF 146 KB

To consider the Schedule of Planning Applications:


Item No



Page No


Mrs M Vince




Bowes of Norfolk Ltd




Richard Johnston Ltd




Poplar Pigs (Buckenham) Ltd

Old Buckenham



Mr B Aslett




Abel Homes Ltd




The Kilverstone 1989 Settlement





(a)       Item 1: Bylaugh: The Old Orchard, Bylaugh Hall: Change of use of existing residence to health and fitness centre with proposed extensions for Mrs M Vince: Application Reference: 3PL/2008/0502/F


The Senior Development Control Officer introduced this application for development adjacent to a Grade II listed building and partly within an historic walled garden.  The change of use of the dwelling, originally the gardener’s accommodation, to a single storey health and fitness centre included extensions one of which would house a swimming pool.  This extension was designed to emulate the original glasshouses which had occupied the site.


Concerns had been raised about the drainage system and the applicant had agreed to carry out a full CCTV survey of the drainage system.  If approval was granted, this would be conditioned to be done prior to the commencement of the use.


Mr Mallen, representing the Parish Council, said that their primary objection was on drainage grounds.  There had been problems with sewage flowing into Bylaugh Woods, causing public nuisance and danger to health and this had been going on for years.  He asked that a proper survey of the system be carried out.


He also pointed out that a previous application for development on the site had been refused because of its effect on the historic walled garden and asked what had changed?


Finally he was concerned that the extension for the swimming pool and plant room was immediately adjacent to the garden of the neighbouring property and would cause noise and disturbance.


Mr Bambridge (Ward Representative) explained that he had been asked to speak for and against the application.  As Mr Mallen had dealt with the objections, he would deal with the applicant’s case.


He said that the development would provide a facility unique in Europe.  The intention was to provide people with a Retreat Centre where they could recharge their batteries in a quiet Country House setting.


He acknowledged the drainage concerns but pointed out that the applicant had agreed to a full photo survey of the system and did not consider that the addition of the swimming pool and Jacuzzi would cause undue problems.


A Member asked if the use of the health and fitness centre could be restricted to residents of the Hall as if it was open to guests this could lead to noise and disturbance, however the Solicitor advised that although it was possible to exclude members of the public it was not a planning matter to try to control the management of residents and their guests.


Another Member asked if the historic wall was to be removed and it was confirmed that it would remain.


A Member commented on the awful smell caused by the drainage problems and said these really need to be thoroughly investigated.  The Development Services Manager reminded Members that although drainage was a significant issue in this case, the application could not resolve past problems.  However, as a strict CCTV condition and the requirement for remedial works  ...  view the full minutes text for item 108.


Appeals Decisions (Agenda Item 11)

APP/F2605/A/08/2066090: Tittleshall: 13 High Street: Appeal against refusal to grant permission for the erection of side extension to dwelling for Mr N Medlar: Application Reference: 3PL/2007/1737/F.

Decision:  Appeal Dismissed.


APP/F2605/A/08/2066454: Dereham: 67 Norwich Road: Appeal against refusal to grant permission for the erection of 1 no. residential dwelling for Mr M Hawkes & Miss E Lovett: Application Reference: 3PL/2007/1814/O.

Decision:  Appeal Allowed.


This item was noted.



Applications determined by the Development Services Manager (Agenda Item 12) pdf icon PDF 111 KB

Report of the Development Services Manager.


This item was noted.



Applications determined by Norfolk County Council (Agenda Item 13)

3CM/2008/0009/F: Caston: Caston C of E VA Primary School, The Street: Provision of new classbase to provide multi use activity room for The Director of Children Services.

Decision: Conditional Approval


3CM/2008/0012/F: Little Cressingham: Watton STW off Watton Road: Erection of three GRP dosing kiosks for Anglian Water.

Decision: Conditional Approval


This item was noted.