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 84 KB

To confirm the minutes of the meeting held on 26 November 2012.


The Minutes of the meeting held on 26 November 2012 were confirmed as a correct record and signed by the Chairman.



Apologies & Substitutes (Agenda Item 2)

To receive apologies for absence.


Apologies were received from Mr F Sharpe.  Mr P Duigan was in attendance as his substitute.



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

Members are no longer required to declare personal of prejudicial interests but are to declare any new Disclosable Pecuniary Interests that are not currently included in the Register of Interests. 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 9 (Schedule Item 3 – Attleborough) Members noted that they had received direct communication by letter and telephone from the Applicant.



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.


Agenda Item 9, Schedule Item 1 – Kenninghall, had been deferred for further information from the Applicant.



Local Development Framework (Standing Item)(Agenda Item 7)

To receive an update. 


The Planning Manager informed Members that a report would be presented to Cabinet on 8 January 2013 to consider a range of options for the new Local Plan.  A range of strategic issues would be considered including housing numbers and land supply.


The decision on the legal challenge to the TAAP was still awaited. 



Schedule of Planning Applications (Agenda Item 9) pdf icon PDF 259 KB

To consider the Schedule of Planning Applications :


Item No



Page No


Mr Bob Gooderham




Mr J Ball & Mrs M Ball




Taylor Wimpey UK Ltd




Claypit Moor Solar Park Limite




Hardingham 2 Solar Park Limite




Burntstalks Plantation Solar P




D Batch




Mrs G M Hewson





RESOLVED that the applications be determined as follows:


(a)       Item 1: KENNINGHALL: Ash Tree Farm: Demolish 9 poultry sheds, erect 8 broiler houses for the rearing of poultry, feed bins and 4 service buildings: Applicant: Mr Bob Gooderham: Reference: 3PL/2012/0876/F


This item had been deferred for further information from the applicant.


(b)       Item 2: SWAFFHAM: Stanfield House, Lynn Road: Retirement Village comprising of care home and 13 assisted living cottages: Applicant: Mr J Ball and Mrs M Ball: Reference: 3PL/2012/0909/O


This Outline proposal was identical to a full application previously approved.  The details were indicative only.  The access had been moved to improve visibility and avoid a pipeline that crossed the site.  The site was outside the Settlement Boundary and restrictive policies applied generally.  Care Homes were allowed outside Settlement Boundaries, but assisted living accommodation was not technically permitted.   If approved a legal agreement would be required to tie the units to people needing care.


Mr Bull (Objector) owned the caravan site next door.  He had no objection to the proposal but requested screening if approved.  He was also concerned about potential noise during the construction period.


The Chairman confirmed that screening could be conditioned and the Director of Planning & Business Manager advised that construction could be restricted to weekdays and not to commence before 7am.


Members asked the following questions:


·        What would be above the pipeline?  The layout (which was indicative only) showed an access road linking the car parking areas and landscaping.  Details could be conditioned.

·        Would there be an age restriction? An age restriction and certification of the need of care would be required.


Deferred, and the officers be authorised to grant approval, subject to conditions, on completion of the section 106 agreement.


(c)        Item 3: ATTLEBOROUGH: Land at London Road: Erection of 375 dwellings with associated parking, garages and landscaping (FULL) and Employment Development (OUTLINE): Applicant: Taylor Wimpey UK Ltd: Reference: 3PL/2012/0958/H


This Hybrid application sought full permission for 375 dwellings and outline permission for employment land and was a follow up to similar proposals refused in July 2012 on Policy and Highway grounds.  An appeal had been lodged and would be heard at a public inquiry in January.


A number of revisions had been made to the new application to address Members’ concerns.  The two and a half storey dwellings originally sited along London Road had been moved.  Open Space had been sited alongside the Listed Building and more trees were proposed to the boundary.


Members were shown street-scene views of the layout and appearance of the proposed housing.  At the back of the site an area of Open Space would provide a buffer between housing and the A11.  Another large area of Open Space would include play areas and allotments.  A number of traffic improvements were proposed including the extension of the 30mph zone on London Road and improvements to the junction of Exchange Street and Connaught Road.


The issues of the previous refusal were considered.  In policy terms  ...  view the full minutes text for item 138.


Breckland Council Planning Protocol : Updated Version (Agenda Item 10) pdf icon PDF 91 KB

The current version of Breckland Council’s Planning Protocol was discussed in some detail by Members in 2009 and approved by Council in July 2009.  It has been necessary to make some alterations as a result of the Localism Act 2011, particularly in relation to the new Standards system and pre-determination.


The amended draft Protocol is attached for the Committee to note and to recommend to Council for adoption.  No changes have been made except for those necessitated by the new Act.


The Solicitor presented amendments to the Planning Protocol.


The original protocol had been introduced in 2009 following a long discussion and scrutiny process.  It had only been amended to address the recent changes to the Standards Regime particularly concerning Disclosable Pecuniary Interests and pre-determination.


A Member thought that there should not be any restriction on conversations with constituents.  He accepted that if a Member was pre-determined that was a separate issue but said that he should have freedom to speak to any applicant or objector in his Ward.


The Solicitor confirmed that it was perfectly acceptable for a Member to talk about an application as long as they did not commit themselves in any way.


Another Member who had fallen foul of the process previously accepted that a Member should not vote if pre-determined but asked if they could still take part in the discussions.  The Solicitor advised that they could address the Committee as a Ward Representative having declared their pre-determination, but then they should take no further part.


Concern was raised about Site Visits and whether Members that attended had additional information to those that did not.  It was noted that some authorities debarred Members from consideration of applications if they had not attended an arranged site visit.   The Solicitor did not think that was necessary but said that Members that had not attended the site visit should decide if they had enough information to vote.


At a recent site visit a Member had felt pressured by the Ward Representatives.  The Solicitor suggested that any invitation to non-Committee Members should make it clear that they were only invited to point out relevant viewpoints to Committee Members, not to enter into discussions with them.<1>


Applications determined by the Director of Commissioning (Agenda Item 11) pdf icon PDF 58 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.





Appeal Decisions (For Information) (Agenda Item 12)

APP/F2605/A/12/2174516 : No 10 The Crescent, East Harling, NR16 2PX : Appeal against the refusal to grant planning permission for the detached dwelling and garage with detached garage to existing dwelling by Mr Rodney Tarft : Reference : 3PL/2012/0070/F

Decision : Appeal Dismissed


APP/F2605/D/12/2181160 : Casa Mia, 14 Windmill Avenue, Dereham, NR20 3BE : Appeal against the refusal to grant planning permission for the erection of 2.0m closeboard fence to the perimeter of property (side).  13 panels are supported by concrete posts and gravel boards by Mr Peter Yallop : Reference : 3PL/2012/0393/F

Decision : Appeal Allowed


APP/F2605/A/12/2175108 : Glebe House, High Street, Shipdham, Thetford, IP25 7PA : Appeal against the refusal to grant planning permission for two new single storey dwellings with attached garages by Mr Steve Tribe : Reference : 3PL/2011/1132/F

Decision : Appeal Dismissed


APP/F2605/A/12/2177986 : Land adjacent 16 Orchard Way, Thetford, IP24 2JF : Appeal against the refusal to grant planning permission for the erection of a new dwelling by Derek Hales Ltd : Reference : 3PL/2011/1264/F

Decision : Appeal Dismissed


Application for full award of costs against Breckland District Council in relation to the above Appeal by Derek Hales Ltd

Decision : Application Refused


APP/F2605/H/2181828/NWF : Site at Norfolk Trade Centre, 5 Mundford Road, Thetford, IP24 1NB

Appeal Withdrawn