Agenda and minutes

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No. Item


The Chairman welcomed everyone to the Planning Committee meeting.  The format of the meeting and voting procedure were explained.


Minutes (Agenda item 1) pdf icon PDF 67 KB

To confirm the minutes of the meeting held on 26 October 2020.


The Minutes of the meeting held on 26 October 2020 were agreed as a correct record.


Apologies & Substitutes (Agenda item 2)

To receive apologies for absence.


Apologies for absence had been received from Councillors Brame, Duigan and Keith Martin.


Substitutes in attendance were Councillors Kybird and Monument.


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

The duties to register, disclose and not to participate for the entire consideration of the matter, in respect of any matter in which a Member has a disclosable pecuniary interest are set out in Chapter 7 of the Localism Act 2011.  Members are also required to withdraw from the meeting as stated in the Standing Orders of this Council.



Councillor Kybird declared an interest in one of the applications for Kilverstone under agenda item 11 due to his construction business being involved in the change of use to the building.


Chairman's Announcements (Agenda item 4)




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.


Members approved the deferral of agenda item 10(a): Dereham, land at Westfield Road: Reference: 3PL/2019/1526/D due to the late receipt of a legal representation.


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 (Standing Item) (Agenda item 7)

To receive an update. 


Simon Wood, the Director of Planning & Building Control advised that there was nothing to report on the Local Plan since the previous meeting.


Councillor Atterwill asked the Director of Planning & Building Control if he had forgotten to send him the information that he had requested at a recent Cabinet meeting.  The information was in respect of what work was being carried out by Officers on the Local Plan.


The Director of Planning & Building Control apologised and would arrange for this information to be sent forthwith.


5-year Land supply Update pdf icon PDF 89 KB

Report of Councillor Paul Claussen, Deputy Leader and Executive Member for Planning.

Additional documents:


Andrew D’Arcy the Planning Policy Manager provided Members with an update on the Council’s 5- year land supply position.


Local Planning authorities had to identify an annual update of its supply of deliverable sites that met a minimum of five years’ worth of housing against the housing requirement for the Breckland District, including any shortfall. 


As far as the requirement aspect was concerned, the adopted Local Plan had set out that the Breckland District required 612 dwellings per annum, over the next five years that equated to 3060 dwellings.  To this figure, any shortfall had to be added since the beginning of the Local Plan period of 2011, and this equated to 866 dwellings.   Additionally, a 5, 10 or 20% buffer had to be added dependent on previous historic delivery and, in Breckland’s case, due to its strong housing delivery test measurement that it had in place, a 117% delivery had been achieved and therefore a 5% buffer had been applied. 


In summary, Breckland Council’s annual housing requirement was 612 dwellings per year for 5 years, add to that the 866 shortfall that provided this Council with a 3,926 figure plus the 5% buffer giving a total requirement over the next 5 years of 4,122 dwellings. 


The NPPF required local planning authorities to demonstrate a 5-year land supply of specific deliverable sites sufficient to provide 5 years’ worth of housing (and appropriate buffer) against its housing requirement.


For Breckland, the planning judgement was that the housing land supply was made up of the following components:


·        Sites with planning permission: Major and minor sites with planning permission were considered deliverable until permission expired or unless there was clear evidence that schemes would not be implemented within five years. All site planning permissions were taken into consideration up to and including 31 October 2020.


·        Not-superseded allocations: Sites within the adopted Breckland Local Plan subject to that have undetermined planning applications.


·        Windfalls: The Council was satisfied that there was compelling evidence that such sites had consistently become available within the local area and would continue to provide a reliable source of supply. Analysis had been based on a reduced continuation of historic trends.


Members were informed that as of October 2020 there were outstanding planning permissions for 13,533 dwellings on major sites (including 9,000 on the Thetford and Attleborough sustainable urban extensions) and 984 dwellings on minor sites. Additionally, there were 617 dwellings on sites remaining in the Breckland Local Plan without some form of permission.


Referring to major sites, those for 10 or more dwellings with planning permission, to further test deliverability, a questionnaire had been sent to developers of those schemes seeking their intentions for development on the site. A second follow up request had also been sent (an example of this request could be found at Appendix 1 of the report). These requests included a statement that if no response was received by the Council, then the trajectories set out in the request would be assumed as being accurate. Only  ...  view the full minutes text for item 108/20a


S106 Annual Infrastructure Funding Statement 2019/2020 (Agenda item 8) pdf icon PDF 85 KB

Report of the Executive Director, Place.

Additional documents:


Simon Wood, the Director of Planning & Building Control, presented the report.


This report was a factual statement that the Council was required to produce on an annual basis. 


Under section 106 (s106) of the Town and Country Planning Act 1990 a Local Planning Authority (LPA) could seek obligations, both physically on-site and off-site either in the form of a financial contribution or an “in-kind” contribution such as the provision on site of Affordable Housing, when it considered that a development would have negative impacts that could not be dealt with through conditions in the planning permission. Obligations were generally sought where they were required in line with the Council’s up to date planning policies, national policy and subject to compliance with the statutory provisions relating to planning obligations, in particular the Community Infrastructure Levy Regulations 2010(CIL Regulations).


Part 10a of the Community Infrastructure Levy required any contribution to the receiving authority whether that was Breckland Council or the County Council to publish an annual Infrastructure Funding Statement no later than 31 December in each calendar year.  This would be published on the Council’s website subject to Members’ agreement. 


The following points were highlighted.


As of 31 March 2019, the total amount of S106 money held by the Council which had not yet been allocated, spent or transferred totalled £2,731,464.58.


The total amount received or invoiced during the financial year from April 2019 to March 2020 totalled £615.653.10.


Referring to the obligations, Members were informed that within that financial year the Council entered into agreements that provided a total of 15 on-site open space areas and a total of 823 affordable housing units, of which, 105 affordable housing units had been provided and 3 open spaces areas had been created.


The total money allocated in the last financial year 2019-20 was £426,727.09. The Statement also detailed the amount of money spent or transferred during that financial year totalling £602,280.70.


In conclusion, the amount held by the Council as of 31 March 2020 was £2,426,823.85.


Members were asked to note the information within the report prior to the publication of the Infrastructure Funding Statement


Councillor Gilbert was aware that the Council held a great deal of money to be spent by the Town and Parish Councils but wanted to know how much money, if any, was returned to the developers when it was not accordingly spent within the time frame.


In response, the Director of Planning & Building Control said that very little money was returned to the developers.  He did not have a precise figure to hand, but this information would be sent to Councillor Gilbert.


Councillor Atterwill asked if Breckland Council provided any written guidance to developers in regard to how the S106 agreements would be applied as he was aware that other authorities did have their own guidelines and felt that this would be very useful.


Members were informed that general S106 guidance was available on the Planning website for applicants when submitting a planning application.


Rebecca Collins, the Head  ...  view the full minutes text for item 109/20


Deferred Applications (Agenda item 9) pdf icon PDF 51 KB

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


The schedule of deferred applications was noted.


Schedule of Planning Applications (Agenda item 10)

To consider the Schedule of Planning Applications:


Dereham: Land East of Westfield Road: Reference: 3PL/2019/1526/D pdf icon PDF 96 KB

Application for Reserved Matters for 100 dwellings, following outline permission 3PL/2017/0563/O.


This application was deferred see Minute No. 106/20 above.


Garboldisham: Marlborough Cottage, Smallworth Common: Reference: 3PL/2020/0799/F pdf icon PDF 81 KB

To erect a timber log cabin for the use of a garden yoga studio (resubmission).

Additional documents:


To erect a timber log cabin for the use of a garden yoga studio (resubmission).


Consideration was given to the report presented by Rebecca Collins, Head of Development Management.


Members considered the matter and fully explored the details of the application in

light of prevailing policies and guidance.


Representations were made in respect of the application in accordance with the Council’s scheme of public speaking at Planning Committee meetings:


Applicants:                                                      Jarrod & Gillian Wilson


DECISION: Members voted 8 x 2 contrary to the Officers recommendation of refusal.


REASONS: Members felt that the application should be granted subject to some remedial works being carried out to the driveway entrance to be secured by condition, and that there was no adverse impact on highway safety in accordance with Paragraph 109 of the NPPF.


DECISION: Members voted 7 x 3 to approve the application; subject to the following conditions:


1.     that the two brick piers either side of driveway and the stone statue of the lion’s head are removed to minimise the highway safety concerns;

2.     the height of the fence on the left-hand side of the driveway be retained at its current height; and

3.     delegated authority be granted to the Executive Director of Place to agree and impose suitable conditions.


Applications determined by the Executive Director of Place (Agenda item 11) pdf icon PDF 111 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.


Councillor Kybird declared an interest in one of the applications listed in respect of a change of use to a building located in Kilverstone which his firm built.


The applications determined by the Executive Director of Place was otherwise noted.



Appeals Summary (for info) (Agenda item 12) pdf icon PDF 46 KB


Councillor Gilbert was pleased with the list of Appeals in respect of the positive results.