Agenda and minutes

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

Contact: Democratic Services  01362 656870

No. Item


Minutes (Agenda Item 1) pdf icon PDF 79 KB

To confirm the minutes of the meeting held on 4 April 2016.


The Minutes of the meeting held on 4 April 2016 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 Gould and Robinson.  Councillors Darby and W Richmond were present as their Substitutes.



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

Members are reminded that under the Code of Conduct they are not to participate in 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 that they have, in relation to an agenda item that supports the Nolan principles detailed within the Code of Conduct.


Agenda Item 9 – Schedule of Planning Applications


Schedule Item 1 (Watton) – All Members had received direct representation.

Schedule Item 2 (Saham Toney) – All Members had received direct representation.  Councillor Bowes declared that she would not take part in the discussion and would abstain from voting as her family had a planning interest in a site in the vicinity.



Chairman's Announcements (Agenda Item 4)


Members were advised that there would be a presentation by Anglian Water at the May 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.


Agenda Item 8a – Deferred Item Report (Snetterton) – this item had been withdrawn.


Agenda Item 10 – Appeal against Tree Preservation Order 2016 No 1. – this item had been deferred.



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) pdf icon PDF 90 KB

To receive an update. 


The Director of Planning & Business Manager presented the update.


For the benefit of the public he gave an explanation of Paragraph 216 of the National Planning Policy Framework (NPPF) on the weight that Members could apply to the emerging Local Plan documents.  As the Local Plan was still in its early stages very little weight could be given and the Development Plan Policies in the Core Strategy still applied at present.


The recent Local Plan Working Group (LPWG) had considered the representations received and reviewed each Policy with regard to the comments made.  Members had provided Officers with a steer on the future direction.  The next meeting of the LPWG would consider the review of rural village settlement boundaries and look at the allocation of sites.  Further consultation would take place on those issues soon.  The timetable of that consultation was yet to be confirmed.

The progress of the evidence base studies was noted and Members were advised of the dates when those reports were expected.


Neighbourhood Plan progress was also noted.


Councillor Claussen asked if it was correct that the Lead Local Flood Authority (NCC) would only advise on sites of over 900 dwellings.  He was concerned that the Environment Agency (EA) advice had sometimes left the Council open to error.


The Director of Planning & Business Manager said that there was work in progress to refine flood risk advice.  The importance of engaging with the Internal Drainage Boards (IDBs) was recognised and lessons had been learned from recent Appeal decisions.


Councillor Clarke had found the presentation to Committee by the Local Lead Floor Authority very helpful and he had understood from that that they would be looking at smaller applications and also considering the cumulative effect of applications.


The Director of Planning & Business Manager said that NCC were statutory consultees and therefore duty bound to provide substantive comments on applications.  There were on-going discussions about the thresholds for comment particularly where flooding/drainage issues had been raised by residents and Parish Councils. The problems with County commenting on more applications were largely a resource issue and they were attempting to recruit more staff.

Councillor Sharpe asked at what stage an emerging Neighbourhood Plan (NP) could be given weight with regard to planning applications in that area.  He was advised that Case Law and guidance in the NPPF made it clear that little weight could be applied until a referendum had been carried out and the NP had been adopted.


Councillor Joel asked Officers to provide Members with a written timeline for the Local Plan.  He was advised that the timeline was subject to change as legislative changes were expected from the Housing Bill which was progressing through the House and information from the evidence base was also crucial to Plan preparation.  The Annual Monitoring report on commencements and completions was taking place and might also provide more information as there had been a significant number of large applications granted in the last year which might improve the five year housing  ...  view the full minutes text for item 56.


Deferred Applications (Agenda Item 8) pdf icon PDF 40 KB

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


SNETTERTON: Proposed Biomass (Anaerobic Digestion); Applicant: GAG404 Ltd; Reference: 3PL/2015/1155/O pdf icon PDF 59 KB

Additional documents:


This item had been withdrawn.



Schedule of Planning Applications (Agenda Item 9) pdf icon PDF 293 KB

To consider the Schedule of Planning Applications:


Item No



Page No


Mr Mark Dakeyne


32 - 43


Mr & Mrs Andrew Rawnsley

Saham Toney

44 - 50


Raemoir Properties Ltd


51 - 81


Mr Lester Palmer


82 - 92


The Exors of Miss E M Hilton

Swanton Morley

93 - 100


Additional documents:


RESOLVED that the applications be determined as follows:


a)       Item 1: WATTON: Land south of Mallard Road: Outline planning application for residential development of up to 177 dwellings: Applicant: Mr Mark Dakeyne: Reference: 3PL/2015/0254/O


All Members had received written correspondence on this item.  An additional representation from the RSPB was tabled.


This item had been due to be heard earlier in the year but had been deferred for further ecological information which had now been received.


The proposal was in outline form with all matters reserved except access.  An indicative plan of how the site might be developed had been provided.  The access proposals were acceptable to the Highways Authority.


Members were advised that as the site was subject to Habitat Regulations the presumption in favour of development, due to the Council’s lack of a five year housing land supply, did not apply in this case, although national policy including the need to boost the supply of housing was still a material consideration.  The contribution of 40% affordable housing should also be given considerable weight in the considerations.


One of the issues raised was that the site had previously been identified as undeliverable; as part of the site was within the Stone Curlew buffer zone.  The additional ecological information explained the change of view, and the Appropriate Assessment concluded that the proposal would have no significant adverse effects on the integrity of the Special Protection Area (SPA).   Natural England had raised no objection to that conclusion but the RSPB had a different view.


Where there was differing advice from experts Officers double checked the evidence and referred back to previous cases.  At a previous appeal in Weeting the Planning Inspector had given more weight to the advice of Natural England, as they were the Government’s advisor on such matters.


NHS England had not commented on the application.  However, an objection had been received from Watton Medical Practice about the shortage of doctors.  At the recent appeal in Watton which had been for an application of similar size and location, the Inspector had not considered there to be any substantive issues regarding medical facilities and had commented that the difficulties appeared to result from the shortage of doctors rather than new development.  It was accepted by Officers that there was an issue caused by the shortage of doctors and not infrastructure, but it was not a matter that Planning could resolve.


On balance Officers felt that the application was acceptable and recommended approval subject to conditions and a legal agreement to secure financial contributions and 40% affordable housing.


Ms Osborne (on behalf of Watton Medical Practice) said the lack of doctors was causing problems.  The surgery had previously de-listed 1500 patients but since the list had reopened numbers had increased due to new developments in the town.  The practice would be five doctors short by July 2016.  Remaining doctors would have 5,000 patients each.  Locums could be used but cost £7,000 per week.  Without the new developments patient numbers would  ...  view the full minutes text for item 58.


Appeal against Tree Preservation Order (TPO) 2016 No. 01 by Childerhouse Lodge Farms (Agenda Item 10) pdf icon PDF 17 MB

Report of the Executive Director, Place


This item had been deferred.



Applications determined by the Executive Director of Place (Agenda Item 11) pdf icon PDF 70 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.





Appeal Decisions (Agenda Item 12) pdf icon PDF 55 KB