Public Document Pack

AGENDA

NOTE

WARD REPRESENTATIVES WISHING TO SPEAK ON A PARTICULAR APPLICATION ARE ASKED TO INFORM THE PLANNING USHER WELL IN ADVANCE OF THE MEETING AND TO ARRIVE AT THE MEETING BY 9.30AM

Committee - PLANNING COMMITTEE Date & Time - MONDAY, 8TH APRIL, 2019 AT 9.30 am Venue - ANGLIA ROOM, THE CONFERENCE SUITE, ELIZABETH HOUSE,

THE ORDER OF THE MEETING WILL VARY TO ALLOW FOR PUBLIC SPEAKING AND WILL NOT FOLLOW THAT OF THIS AGENDA

THIS MEETING WILL BE RECORDED BY THE COUNCIL

Mobile phones and other equipment may also be used to audio record, film, tweet or blog from this meeting by an individual Council Member or a member of the public. No part of the meeting room is exempt from public filming etc unless the meeting resolves to go into private session. However, the use of images or recordings arising from this is not under the Council’s control. Please only audio record, film, tweet or blog the representative(s) of the application you are interested in and only do so if you have that person’s permission. NB: The use of images or recordings arising from this is not under the Council’s control.

VOTING:

If the first vote is lost in considering an application, a new proposal will be requested (eg a vote for approval, if lost, does not automatically mean “refused”). On a tied vote, the Chairman has a casting vote, if he/she wishes to use it. It is necessary for summary reasons for approvals or refusals to be identified in each case.

Democratic Services Elizabeth House, Walpole Loke, Dereham , NR19 1EE Date: Thursday, 28 March 2019 Please ask for Julie Britton: Telephone (01362) 656343 e-mail: [email protected]

BRECKLAND COUNCIL – PLANNING COMMITTEE

. PLANNING POLICY NOTE

THE STRENGTH OF PLANNING POLICY IN DETERMINING PLANNING APPLICATIONS

The Planning process is set up, IN THE PUBLIC INTEREST, to protect the public from the unacceptable planning activities of private individuals and development companies. Planning is primarily concerned to deal with issues of land use and the way they affect the environment.

The Council has a DUTY, through the Planning & Compulsory Purchase Act 2004, to prepare Local Development Documents (DPDs) to provide a statutory framework for planning decisions. The Development Plan for Breckland currently consists of a suite of documents. The primary document which sets out the overarching planning strategy for the District and the local planning policies is the Core Strategy and Development Control Policies document. This was adopted by Breckland Council on 17th December 2009 and is the local starting point in the determination of planning applications. Breckland Council has also adopted its Site Specific Policies and Proposals DPD, on 19th January 2012. The document allocates specific areas of land for development and revised settlement boundaries.

Breckland’s Plan contains the Council’s planning policies, which must be consistent with Government policy which is currently the National Planning Policy Framework (NPPF) and accompanying technical guidance.

The full public scrutiny of the Council’s proposals will give the Plan an exceptional weight when dealing with planning applications.

This shift towards a “Plan-led” planning system is a major feature of planning legislation. The Planning & Compulsory Purchase Act 2004, states that planning applications should be determined in accordance with the policies of the Plan, unless material considerations which are relevant to planning indicate otherwise.

The NPPF states that the purpose of the planning system is to achieve sustainable development. The core planning principles contained within the NPPF are summarised as:  To be genuinely plan led  To drive and support sustainable economic development  Seek high quality design  Conserve and enhance the natural environment  Encourage the effective use of land  Conserve heritage assets

Unless there are special reasons to do otherwise, planning permissions “run with the land”, and are NOT personal licences.

The factors to be used in determining applications will relate to the effect on the “public at large” and will NOT be those that refer to private interests.

Personal circumstances of applicants “will rarely” be an influencing factor, and then, only when the planning issues are “finely balanced”.

THEREFORE we will: • acknowledge the strength of our policies, • be consistent in the application of our policy, and • if we need to adapt our policy, we should do it through the LDF process.

Decisions which are finely balanced, and which contradict policy will be recorded in detail, to explain and justify the decision, and the strength of the material planning reasons for doing so.

LOCAL COUNCILS

OCCASIONALLY, THERE ARE CONFLICTS WITH THE VIEWS OF THE PARISH OR TOWN COUNCIL. WHY IS THIS?

We ask local parish and town councils to recognise that comments received are taken into account. Where we disagree with those comments it will be because: • Districts look to “wider” policies, and national, regional and county planning strategy.  Other consultation responses may have affected our recommendation. • There is an honest difference of opinion. Planning Committee 8 April 2019

PART A ITEMS OPEN TO THE PUBLIC

Page(s) herewith 1. MINUTES

a) 11 March 2019 7 - 17 To confirm the Minutes of the Planning Committee meeting held on 11 March 2019.

b) 15 March 2019 18 - 70 To confirm the Minutes of the Planning Committee meeting held on 15 March 2019.

2. APOLOGIES & SUBSTITUTES To receive apologies for absence.

3. DECLARATION OF INTEREST AND OF REPRESENTATIONS RECEIVED 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 room as stated in the Standing Orders of this Council.

4. CHAIRMAN'S ANNOUNCEMENTS

5. REQUESTS TO DEFER APPLICATIONS INCLUDED IN THIS AGENDA 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.

6. URGENT BUSINESS (IF ANY) 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.

7. LOCAL PLAN UPDATE (STANDING ITEM) To receive an update.

8. REVISIONS TO THE SCHEME OF DELEGATION 71 - 84 Report by the Executive Director of Place.

9. DEFERRED APPLICATIONS 85 To consider applications deferred at previous meetings including some, but not all, of those shown on the attached Schedule of Deferred Applications. Planning Committee 8 April 2019

Page(s) herewith

a) : Land adjacent to The Blue Lion, Houghton Lane: 86 - 95 Reference: 3PL/2018/0795/F The application was deferred at the Planning Committee meeting in January 2019 to enable a site visit to take place. The site visit is scheduled for 1 April 2019.

10. SCHEDULE OF PLANNING APPLICATIONS To consider the Schedule of Planning Applications:

a) : Academy 9, Road: Reference: 96 - 103 3PL/2019/0159/F

b) Attleborough: Land to the South West of Ellingham Road: Reference: 104 - 115 3PL/2018/0791/O

c) : Dereham Road: Reference: 3PL/2018/1111/O 116 - 123

d) Bradenham: Victory Court: Reference: 3PL/2018/1559/VAR 124 - 130

e) Beeston: Land at Syers Lane: Reference: 3PL/2019/0065/VAR 131 - 136

f) Beeston: Syers Lane: Reference: 3PL/2018/1338/O 137 - 144

g) Brettenham: Melton Paddocks, Shadwell: Reference: 145 - 154 3PL/2019/0161/VAR

h) Dereham: Former Malthouse Land South of Norwich Road: 155 - 171 Reference: 3PL/2019/0181/VAR

i) : Hyde Hall Farm, Main Road, Great Fransham: Reference: 172 - 183 3PL/2019/0089/F

j) : Land off Dereham Road: Reference: 3PL/2018/1049/O 184 - 190

k) : Mill Farm Fisheries, Church Street: Reference: 191 - 202 3PL/2018/1404/F

l) Great Ellingham: Development Site at Attleborough Road: Reference: 203 - 209 3PL/2018/0712/D

m) Great Ellingham: Hollytree House, 80 Long Street: Reference: 210 - 216 3PL/2019/0090/F Planning Committee 8 April 2019

Page(s) herewith

n) : The Old Rectory, Ashburton Road: Reference: 217 - 227 3PL/2018/1215/VAR

o) Larling: Land adjacent The Chapel, Watton Road: Roudham/Larking: 228 - 234 Reference: 3PL/2019/0135/F

p) : Part of the field to the west of Gregs Close: 235 - 246 (605242,310862) Reference: 3PL/2018/1409/O

q) : Land at Swan Lane: Reference: 3PL/2019/0162/VAR 247 - 254

r) : Foxes Barn, Watton Road: Reference: 3PL/2019/0088/F 255 - 262

s) Shropham: Land off Hargham Rd: Reference: 3PL/2018/1071/F 263 - 278

t) : Snetterton Park, Heath Road: Reference: 279 - 288 3PL/2019/0099/VAR

u) : Rlmh Development, Turbine Way: Reference: 289 - 295 3PL/2017/0860/F

v) Watton: Rear of 121A Brandon Road: Reference: 3PL/2017/1087/F 296 - 309

w) : Site adjacent to No10 Manor Cottages, Church Road: 310 - 319 Reference: 3PL/2018/1498/F

11. APPLICATIONS DETERMINED BY THE EXECUTIVE DIRECTOR OF 320 - 332 PLACE 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.

12. APPEALS (FOR INFORMATION) 333 - 335 Agenda Item 1a BRECKLAND COUNCIL

At a Meeting of the

PLANNING COMMITTEE

Held on Monday, 11 March 2019 at 10.00 am in Anglia Room, The Conference Suite, Elizabeth House, Dereham

PRESENT Mr N.C. Wilkin (Chairman) Mr K. Martin Mr W. R. J. Richmond (Vice- Mr F.J. Sharpe Chairman) Mr P. S. Wilkinson Councillor C. Bowes Mr P. R. W. Darby (Substitute Member) Councillor M. Chapman-Allen Mr M Taylor (Substitute Member) Mr H. E. J. Clarke Mr P.J. Duigan

Also Present Mr S.G. Bambridge Mr W.H.C. Smith (Ward Representative) Mr S. H. Chapman-Allen (Ward Mr A.C. Stasiak (Ward Representative) Representative)

In Attendance Jon Berry Head of Development Management Rebecca Collins Head of Major Projects Tom Donnelly Development Management Assistant Carl Griffiths Principal Development Management Planner Michael Horn Solicitor to the Council Fiona Hunter Principal Development Management Planner Naomi Minto Development Management Planner Mark Simmonds Principal Development Management Planner Natalie Wicks Planning Assistant Teresa Smith Democratic Services Team Leader

Action By 23/19MINUTES

The minutes of the meeting held on 11 February 2019 were confirmed as a correct record and signed by the Chairman.

24/19APOLOGIES & SUBSTITUTES

Apologies for absence were received from Brame, Hollis and Joel.

Substitutes in attendance were Councillors Darby and Taylor.

25/19DECLARATION OF INTEREST AND OF REPRESENTATIONS RECEIVED

Agenda Item 9(t) : Saham Tythe Barn, Chequers Lane: 3PL/2018/1583/O

Councillor Bowes declared that her family had made representations in respect of land in the Saham Toney Neighbourhood Plan and therefore refrained from discussion and did not take part in the vote.

7 Planning Committee 11 March 2019

Action By

26/19CHAIRMAN'S ANNOUNCEMENTS

The Chairman reminded Members that the venue for the Attleborough Sustainable Urban Extension Planning meeting scheduled for the 15 March had changed from the Connaught Hall to the Attleborough Town Hall.

Members were informed that the modification imposed by the Planning Inspector on reducing the Affordable Housing target to 25% and not at 40% had not been challenged, which would make the affordable element more achievable. Further information would be shared with Members at the April Planning committee meeting.

27/19REQUESTS TO DEFER APPLICATIONS INCLUDED IN THIS AGENDA

None.

28/19URGENT BUSINESS

None.

29/19LOCAL PLAN UPDATE (STANDING ITEM)

The public consultation process on the modifications proposed by the Planning Inspector would take place until 1 April 2019.

30/19DEFERRED APPLICATIONS

a) Brettenham: Land East of Arlington Way, West of A1088: Reference: 3PL/2017/0578/O

The application had been deferred at the Planning Committee on 1 October 2018 where it was recommended for refusal for the following reason:

The proposed development would result in the loss of a substantial number of preserved trees which are of group value. National and local planning guidance states that, development should recognise the intrinsic character and beauty of the countryside and enhance the natural local environment and the loss of protected trees should only be permitted in exceptional circumstances, if suitable compensatory measures exist, and where there are wider public benefits. It is not considered that suitable compensatory measures could be provided or that the wider public benefits outweigh the substantial harm.

Members voted (7:2) to refuse planning permission in accordance with the officers’ recommendation.

Consideration was given to the report presented by Rebecca Collins, Head of Major Projects.

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:

8 Planning Committee 11 March 2019

Action By

Ward Representative: Councillor Sam Chapman-Allen (in support of the officers recommendations)

Applicant: Chris Kennard (Shadwell Estate) Sarah Exton (Shadwell Estate)

Parish Council: Mr Anthony Poulter (Chairman of Brettenham & Parish Council)

Mr Martin Engwell (Vice-Chairman of Brettenham & Kilverstone Parish Council)

Thetford River Group: Clare Higson (against the application)

Objector: Mr Robert Bick

Supporter: Mr Stuart Wilson

DECISION: Members voted 6 x 4 for refusal as recommended.

31/19SCHEDULE OF PLANNING APPLICATIONS

a) Attleborough: Land at Leys Lane : Reference: 3PL/2018/1318/O

The application sought outline permission for a proposed sub-division of garden to provide a building plot for a two-bedroomed bungalow.

Consideration was given to the report presented by Naomi Minto, Development Management Planner.

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:

Agent: John Spencer (to answer questions)

DECISION: Members voted unanimously for approval as recommended, subject to the conditions as listed within the report.

b) Attleborough: Development Site at the Paddocks, Leys Lane: Reference: 3PL/2018/1401/F

Erection of five detached two storey dwellings with garages and associated parking.

Consideration was given to the report presented by Naomi Minto, Development Management Planner.

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: 9 Planning Committee 11 March 2019

Action By

Ward Representative: Councillor Adrian Stasiak (in support)

Agent: Jon Venning

Applicant: John Gaskin

DECISION: The vote was 5 x 5. The Chairman was entitled to his casting vote and voted that the application be refused as recommended. c) Attleborough: 7 Eastland Close: Reference: 3PL/2019/0140/HOU

Proposed single storey front extension.

Consideration was given to the application presented by Tom Donnelly, Development Management Assistant.

Members considered the matter and fully explored the details of the application in light of prevailing policies and guidance.

No representations were made in respect of the application.

DECISION: Members voted unanimously for approval as recommended subject to conditions outlined within the report. d) Attleborough: Chapel, 131 Hargham Road, Reference: 3PL/2018/1496/O

The application sought outline permission to replace the existing Church Hall with three detached bungalows.

Consideration was given to the report presented by Naomi Minto, Development Management Planner.

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:

Ward Representative: Councillor Keith Martin (in support of the officer’s recommendation)

Councillor Adrian Stasiak (in support of the officer’s recommendation

Adjacent Ward Councillor Tristan Ashby (against the officer Representative: recommendation

Agent: Michael Marshall (D J Designs Ltd)

Town Council: Vera Dale (Mayor, Attleborough Town Council)

Objectors: Marion Williamson John Rivers George Morgan

10 Planning Committee 11 March 2019

Action By

DECISION: Members voted 8 x 1 for refusal as recommended. e) : Land Between Greenway Garage and October Cottage, Langwade Green, Shingham: Reference: 3PL/2018/1384/VAR

Variation of condition 2 approved plan and rewording of conditions 3, 4, 5, 6, 8 and 15 as well as removal of conditions 11 and 12 (highways) and 17 and 19 (ecology) of application 3PL/2015/1049/F – Eco home with Stables, paddocks, riding area, all weather riding surface and landscaping.

Consideration was given to the report presented by Naomi Minto, Development Management Planner.

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:

Agent: Chris Tilley Steven Swaby (to answer questions)

DECISION: Members voted unanimously for approval as recommended, subject to the conditions as listed within the report. f) Dereham: Orchard View, Dumpling Green: Reference: 3PL/2018/1282/O

The application sought outline permission for a new single detached 1.5-storey dwelling.

Consideration was given to the report presented by Naomi Minto, Development Management Planner.

Members considered the matter and fully explored the details of the application in light of prevailing policies and guidance.

No representations were made.

DECISION: Members voted unanimously for approval as recommended, subject to the conditions as listed within the report. g) Dereham: Road: Reference: 3PL/2018/1556/F

Development of remaining part of the old Cemex site now known as Dereham Business Hub, into mixed use Business Park Development and an employment hub, to be provided by a flexible B1(c), B2 and B8 uses class together with ancillary trade counter use for trade and retail sale, together with associated car parking and access.

Consideration was given to the report presented by Rebecca Collins, Head of Major Projects.

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: 11 Planning Committee 11 March 2019

Action By

Applicant: Lewis Mantle (Norfolk Land Development) Andrew Scales (Norfolk Land Development) (to answer questions)

Agent: Richard Simmons (Plandescil Ltd) (to answer questions)

DECISION: Members voted 3 x 6 for approval, contrary to the Officer’s recommendation of refusal.

REASONS: whilst the Committee understood the concerns highlighted in the report, the designs would have a positive impact and were in line with Policy 12 and DC16, subject to resolution with the lead local flood authority.

DECISION: Members voted 7 x 3 for approval.

The application be approved subject to resolution of floodrisk with the Lead Local Flood Authority. h) Fransham: Top Farm,Main Road, Little Fransham: Reference: 3PL/2018/0642/O

This application sought outline application for the erection of up to 8 No. dwellings with associated parking (amended description).

Consideration was given to the report presented by Fiona Hunter, Principal Development Management Planner.

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:

Agent: Jason Parker (Parker Planning Services)

DECISION: Members voted 8 x 1 for approval as recommended. i) : Alderwood Lodges, Hopton Road: Reference: 3PL/2018/1122/F

Erection of single storey managers dwelling to Alderwood lodges site.

Consideration was given to the report presented by Mark Simmonds, Principal Development Management Planner.

Members considered the matter and fully explored the details of the application in light of prevailing policies and guidance.

No representations were made.

DECISION: Members voted unanimously for approval as recommended, subject to conditions outlined within the report.

12 Planning Committee 11 March 2019

Action By j) Great Ellingham: Land north of The Cottage, Town Green: Reference: 3PL/2018/1584/F

Erection of 2 no. Dwellings with associated landscaping and parking

Consideration was given to the report presented by Tom Donnelly, Assistant Development Management Planner.

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:

Ward Representative: Councillor William Smith

Adjacent Ward Representative: Councillor Adrian Stasiak

Agent: Emma Griffiths (Parker Planning Services)

DECISION: Members voted 4 x 6 for approval, contrary to the Officer’s recommendation of refusal.

REASONS: Whilst the Committee understood the concerns highlighted in the report, it felt that on balance, the proposed development would not have an unacceptable impact on amenity, nor harm character and appearance and it would make a small contribution to the 5-year housing supply.

DECISION: Members voted 6 x 4 for approval.

The application be approved subject to delegated authority being granted to the Executive Director of Place to agree and impose appropriate conditions. k) : Low Meadow Park, Thompson Road: Reference: 3PL/2018/1501/F

Replacement permanent static caravans with 2 no 4 bed chalet bungalows with double garage and 3 No. 3 bedroom bungalows with single or shared double garage.

Consideration was given to the report presented by Tom Donnelly, Assistant Development Management Planner.

Members considered the matter and fully explored the details of the application in light of prevailing policies and guidance.

No representations were made.

DECISION: Members voted unanimously for approval as recommended, subject to conditions outlined within the report.

13 Planning Committee 11 March 2019

Action By l) Harling: Fen Cottage, Fen Lane: Reference: 3PL/2018/1445/F

Proposed replacement dwelling.

Consideration was given to the report presented by Tom Donnelly, Assistant Development Management Planner.

Members considered the matter and fully explored the details of the application in light of prevailing policies and guidance.

No representations were made.

DECISION: Members voted unanimously for approval as recommended, subject to conditions outlined within the report. m) Ickburgh: Iceni Brewery, Foulden Road: Reference: 3PL/2018/1163/F

Three dwellings on land at Iceni Brewery.

Consideration was given to the report presented by Mark Simmonds, Principal Development Management Planner.

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:

Agent: Henry Isotta-Day

DECISION: Members voted unanimously for approval as recommended, subject to conditions outlined within the report and not receiving any objection from Natural . n) : 6A Watton Road: Reference: 3PL/2018/1512/F

Construction of a 3 Bedroom (6 Person) single storey dwelling with a single attached garage.

Consideration was given to the report presented by Tom Donnelly, Assistant Development Management Planner.

Members considered the matter and fully explored the details of the application in light of prevailing policies and guidance.

No representations were made.

DECISION: Members voted unanimously for approval as recommended, subject to conditions outlined within the report. o) : Burwood Hall, The Street: Reference: 3PL/2019/0018/F

Open span building for housing cattle.

Consideration was given to the report presented by Rebecca Collins, Head of Major Projects. 14 Planning Committee 11 March 2019

Action By

Members considered the matter and fully explored the details of the application in light of prevailing policies and guidance.

No representations were made.

DECISION: Members voted unanimously for approval as recommended, subject to conditions outlined within the report and consultation response from the Environment Agency. p) : Mundford Poultry Farm, Road: Reference: 3PL/2018/1224/F

Improvements to established poultry farm and demolition of redundant parts and erection of additional barn and heat exchange units.

Consideration was given to the report presented by Carl Griffiths, Principal Development Management Planner.

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 in light of prevailing policies and guidance.

Applicant: Dominic Parker (to answer questions)

DECISION: Members voted unanimously for approval as recommended, subject to conditions outlined within the report. q) : Town Farm, Chantry Lane: Reference: 3PL/2018/1340/F

Proposed residential development for five dwellings.

Consideration was given to the report presented by Naomi Minto, Development Management Planner.

Members considered the matter and fully explored the details of the application in light of prevailing policies and guidance.

No representations were made.

DECISION: Members voted 7 x 1 for approval as recommended. r) : Richard Johnston Ltd, Unit 16 Harling Road, Snetterton: Reference: 3PL/2018/1525/VAR

Variation of conditions Nos 2, 3, 6 on 3PL/2012/0477/F Erection of two warehouse buildings (Units 15 and 16) on 3PL/2012/0477F.

Consideration was given to the report presented by Rebecca Collins, Head of Major Projects.

Members considered the matter and fully explored the details of the application in light of prevailing policies and guidance.

No representations were made. 15 Planning Committee 11 March 2019

Action By

DECISION: Members voted unanimously for approval as recommended, subject to conditions as outlined within the report. s) : Church Farm, Rocklands Road: Reference: 3PL/2018/1366/F

This application sought permission for 2 no poultry breeder sheds and associated feed bins.

Consideration was given to the report presented by Rebecca Collins and Head of Major Projects.

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 in light of prevailing policies and guidance.

Agent: Charlie Davidson (C E Davidson Ltd)

DECISION: Members voted unanimously for approval as recommended, subject to conditions outlined within the report and not receiving objections from Historic England. t) Saham Toney: Saham Tythe Barn Chequers Lane: 3PL/2018/1583/O

The application sought outline permission for a Residential Development.

Consideration was given to the report presented by Mark Simmonds, Principal Development Management Planner.

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 in light of prevailing policies and guidance.

Applicant: Nigel Garioch

Parish Council: Jill Glenn (Clerk to Saham Toney Parish Council)

Objector: Mr Blow

DECISION: Members voted unanimously for approval as recommended, subject to conditions outlined within the report. u) Snetterton: Snetterton Business Park Limited: Reference: 3PL/2018/0116/F

Change of use from shops, cafes and storage (A1/A3/B8) to offices, general industrial storage and distribution and assembly and leisure (B1a/B2/B8/D2) together with external alterations.

Consideration was given to the report presented by Fiona Hunter, Principal Development Management Planner.

Members considered the matter and fully explored the details of the application in light of prevailing policies and guidance. 16 Planning Committee 11 March 2019

Action By

No representations were made.

DECISION: Members voted unanimously for approval as recommended, with delegated authority to consult with Highways England to resolve their latest comments, subject to the consultation response from National Grid and subject to the conditions outlined within the report.

v) : Massingham Road: Reference: 3PL/2018/1217/O

Erection of five dwellings.

Consideration was given to the report presented by Mark Simmonds, Principal Development Management Planner.

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 in light of prevailing policies and guidance.

Agent: Nick Moys (Brown & Co)

Supporter(s): Mrs Ferry Mr Cooper

Objector: Kathryn Hargreaves

DECISION: Members voted 8 x 1 for approval as recommended, subject to the conditions outlined within the report and an additional condition regarding the ongoing maintenance of the adjacent open land.

32/19APPLICATIONS DETERMINED BY THE EXECUTIVE DIRECTOR OF PLACE

Noted.

33/19APPEALS DECISIONS (FOR INFORMATION)

Noted.

The meeting closed at 3.25 pm

CHAIRMAN

17 Agenda Item 1b BRECKLAND COUNCIL

At a Meeting of the

PLANNING COMMITTEE

Held on Friday, 15 March 2019 at 9.30 am in The Town Hall, Queen's Square, Attleborough. NR17 2AF

PRESENT Mr N.C. Wilkin (Chairman) Mr K. Martin Mr W. R. J. Richmond (Vice-Chairman) Mr F.J. Sharpe Councillor C. Bowes Mr P. S. Wilkinson Mr P.J. Duigan Mr P. R. W. Darby (Substitute Member) Mr A.P. Joel

Also Present Mr T Ashby (Ward Representative) Mr S. G. Bambridge (Executive Member for Mr A.C. Stasiak (Ward Representative) Growth)

In Attendance Simon Wood Director of Planning & Building Control Phil Mileham Strategic Planning Manager Jay Mehta Solicitor – Howes Percival Liz Poole Principal Engineer (Major & Estate Developments) NCC Rob Walker Executive Director Place Matthew Barnard Communications Manager Natalie Wicks Planning Assistant Julie Britton Democratic Services Officer

Action By 34/19APOLOGIES & SUBSTITUTES (AGENDA ITEM 1)

Apologies for absence were received from Councillors Brame, Marion Chapman- Allen, Clarke and Hollis.

Councillor Darby was present as a substitute for Councillor Marion Chapman-Allen.

35/19DECLARATION OF INTEREST AND OF REPRESENTATIONS RECEIVED (AGENDA ITEM 2)

None declared.

36/19CHAIRMAN'S ANNOUNCEMENTS (AGENDA ITEM 3)

For public safety, the fire exits were highlighted.

The Chairman thanked everyone for attending and following introductions the meeting commenced.

37/19REQUESTS TO DEFER APPLICATIONS INCLUDED IN THIS AGENDA (AGENDA ITEM 4)

N/A

38/19URGENT BUSINESS (AGENDA ITEM 5)

There was no urgent business to discuss. 18 Planning Committee 15 March 2019

Action By

39/19ATTLEBOROUGH: LAND SOUTH OF ATTLEBOROUGH: REFERENCE: 3PL/2017/0966/O (AGENDA ITEM 6)

The outline planning application was for up to 4000 dwellings, a local centre, 2 neighbourhood centres, 2 primary schools, green infrastructure, playing fields, other amenity areas and means of access (including a new link road between Buckenham Road and London Road). This outline application proposed a residential led mixed use Sustainable Urban Extension located to the south of Attleborough. All matters except for all principal means of access were reserved for subsequent approval.

Simon Wood, the Director of Planning & Building Control presented the report together with the supplementary report that had been recently issued.

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

Applicant: Hugo Kirby (Ptarmigan/Attleborough Land)

Applicant’s Agent: John Long (John Long Planning)

Attleborough Town Council: Elizabeth Wrigley (Core Connections)

Old Buckenham Parish Council: Steve Milner

Gt Ellingham Parish Council: Tim Betts (Chairman)

Residents: Sandie Howard, Alexander Holdom, Jean Bornett, Joy Shorecross, Ali Clabburn, Elizabeth Fletcher and Elizabeth Burrows

Since the publication of the agenda and the supplementary report, four additional letters of representation had been received and another representative had requested to speak at the meeting. Three of the letters contained concerns in relation to:

 Highways, in particular a point about a link road that should be provided from Foundry Corner;  the link road being designed not to encourage HGV vehicles;  the management of green spaces;  the lack of sports provision and areas for recreation;  details of the foot bridge;  the timing of the build of the link road;  the dwellings being built so close to Banham Poultry; and  Hargham Woods (a wildlife area).

The Director of Planning & Building Control responded to the aforementioned concerns.

In terms of the first point, a link road from Foundry Corner did not form part of this scheme and was not required in highways terms. The Committee would only be considering the scheme as submitted.

In terms of the second point, the link road had been designed for HGV movements around the town; however the precise design had not as yet been agreed and would be dealt with as a later matter. 19 Planning Committee 15 March 2019

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The management of green spaces, sports provision and preserved areas in terms of recreation would be explained later in the presentation.

Details of the footbridge, utilities and pollution and the timing of the link road had all been dealt with in the report.

In terms of dwellings being built near to Banham Poultry, there had been no objections from the Public Health Officer and this issue would be addressed through the Reserved Matters stage.

In relation to Hargham Woods, no objections had been received from the Statutory Consultees in relation to ecology.

The fourth letter was from a Planning Agent, acting on behalf of Norfolk County Council, in relation to the emerging Local Plan which again would be discussed in more detail later in the presentation. The letter also stated that Norfolk County Council would be making representation in relation to the main modifications about land holdings that it had close to the urban extension area. This would be brought forward through the planning process; however, it was noted that these modifications did align in terms of site area with that of the submitted application.

The presentation slides were then shown and each slide was explained.

The opening slide highlighted the area of land to the south and south east of Attleborough - the application site. The ‘indicative’ Master Plan gave a broad indication of various land uses, their relationship to each other the route of the link road with a corridor either side, different areas of residential development, areas of open space connecting the site from north to south and from east to west, with lagoons and SUDs attenuation for drainage and the street hierarchy within the development. It was noted that this ‘indicative’ plan would not be subject to Member approval at this meeting.

The Director of Planning & Building Control explained that there had been some concern in relation to the fact that the application included a small parcel of land within parishes’ administrative area. He pointed out that it was highly unlikely that this land would be built on and the application had been amended accordingly, allowing Old Buckenham to keep its separate identity. Any changes would need a variation to the Parameter Plans and would be subject to an application process.

The Parameter Plans were then highlighted. These Plans formed part of the application and if Members’ were minded to accept the recommendation, this would then form part of the approval. The development would need to be carried out broadly in accordance with these Parameter Plans and any changes to the parameters would have to be dealt with through variations. This was an outline application seeking the principal of the development and the principle points of access onto the existing highway network. The remaining matters in relation to landscaping, precise layouts, scale and design of the development would be dealt with through the Reserved Matters applications; a series of formal applications that would be subject to full consultation, and would effectively be detailed planning applications that already had the principle of development established. The Parameter Plan highlighted the various land uses, including sports pitches, residential and a number of character areas (the details of which had been set out in the report at page 61 of the agenda pack). One of the Character Plans being considered was in relation to densities, it was 20 Planning Committee 15 March 2019

Action By explained that the lighter the colour the lower the density and in terms of building heights, again, the lighter the area the lower the height of the buildings.

The Landscape Strategy Parameter Plan highlighted sufficient and extra open space provision. It had been considered by Officers that this was going to be an extremely green development with the Linear Park providing plenty of opportunities for cycling and walking. The Linear Park would be a key part of the scheme. Some of the areas would be used to accommodate surface drainage attenuation, allotments and community orchards, the details of which would have to be agreed when they eventually came forward in the Reserved Matters stages.

The Access & Movement Parameter Plan shown was also explained. Access into the site would be taken from the existing network. There were three main elements of highways works which would have a direct access onto the existing highway network; these were:

 provision of the link road connecting London Road with Old Buckenham Road;

 provision of a roundabout on Old Buckenham Road connecting with the High Street of the proposed development;

 changes to the west bound entry slip of the A11 at the Breckland Lodge Roundabout; and

 alterations to the existing access from Slough Lane to build in additional capacity.

All the highway works had been agreed in principle but the detailed design would be considered through the Reserved Matters stage. The Link Road included a road bridge across the main line railway and discussions had been ongoing between the applicants, Council Officers and Network Rail in relation to this provision. It had been agreed with Network Rail and the Highway Authority that the link road needed to be completed and operational in advance of the occupation of the 1200th dwelling. The S106 Agreement would include triggers to ensure that this would happen. However, if additional funding came forward the link road could be brought forward at an earlier stage and this would be considered as a material benefit to the scheme.

The original Link Road submission included vehicular access onto the northern element of Hargham Road. This proposal had generated many objections. Further modelling work had been carried out and it had been decided, in consultation with the applicant and the Highway Authority, that it would be more appropriate not to have any vehicular access from the Link Road on to Hargham Road. The Director of Planning and Building Control was aware that there were still a number of concerns with this revised proposal, in respect of both ends of the road being closed to vehicles but this was considered to be the best solution in highway terms. The link road junction to Buckenham Road was also highlighted. This would be a roundabout junction that would serve the development and would have continued access into Attleborough and to the south; it would also serve the Bunn’s Bank industrial estate. There was a desire, subject to making sure that the design was up to the appropriate standard, to look at a minimal design to help preserve the setting of Bunn’s Bank, subject to standards. There was also another roundabout proposed on Buckenham Road to provide access into the north and the south of the development, again this would be subject to detailed design. There was also some changes to the junction at Slough Lane; however, whilst there would be no direct access into the development, there was a possibility further along Slough Lane to 21 Planning Committee 15 March 2019

Action By provide a frontage of dwellings, mainly self builds to retain the character of the area. An acceptable solution had been found in relation to the Breckland Lodge A11 slip road and Highways England no longer objected to the scheme. Again, triggers for all these works would be controlled by conditions and a S106 Agreement. Various photos of the key areas were then shown.

One key element of the scheme was the provision of a foot bridge over the level crossing at Leys Lane. The indicative details indicated a stepped foot bridge. This would not have a ramped access due to site constraints and a flat surface route would be provided early in the development via the Gaymer Industrial Estate to the station and the town centre for users with mobility issues; however, the Ramblers Association had raised concerns about the suitability of this route. Notwithstanding the acceptability of this scheme, Network Rail had provided an alternative scheme and had submitted details of a costed and fully drawn up ramped foot bridge across the rail crossing at Leys Lane on land within their control. Discussions with Network Rail had resulted in an agreement that they could provide the foot bridge and the applicants/developers could contribute towards the costs. This would also be secured through the S106 Agreement and a decision would have to be made as to the preferred option at a very early stage of the development. It was considered that the benefits of the scheme far outweighed the relatively minor harm it would cause to a small number of existing dwellings.

Section 38 (6) of the Planning and Compulsory Purchase Act 2004 was explained and the main relevant Development Plan Policy documents were highlighted.

Further material considerations included the revised National Planning Policy Framework (NPPF) issued February 2019, National Planning Practice Guidance (NPPG) and the emerging Breckland Local Plan.

Paragraph 8 of the NPPF had, at its core, the approval of sustainable development: economic objective, social objective and environmental objectives. These were interdependent and needed to be pursued in mutually supportive ways so that opportunities could be taken to secure net gains across each of the different objectives.

Paragraph 11 of the NPPF refers to Housing Land Supply, and states that plans and decisions should apply a presumption in favour of sustainable development (see relevant presentation slide attached). The current 5 year housing land position stood at 4.77 years; therefore the most important policies for determining the application were out-of-date. It had been concluded that the lack of a 5 year housing land supply was a relevant material consideration under the NPPF that should be awarded significant weight in favour of this application.

Paragraph 109 of the NPPF, in relation to Highways, indicated that development should only be prevented or refused on highway grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impact on the road network would be severe. Norfolk County Council as the Local Highway Authority and the Highways Agency as the body responsible for the A11 trunk road had raised no objections subject to conditions.

In terms of Flood Risk, there had been extensive discussions between Officers within the Lead Local Flood Authority (LLFA), the Local Planning Authority and the consultants representing the applicant. As a result, no objections had been received (paragraphs 155–165 of the NPPF applies), and conditions would be recommended to ensure that flood risk was properly mitigated. 22 Planning Committee 15 March 2019

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Ecology & Habitats Regulations Assessment (HRA) – no objections had been received from statutory consultees and concerns expressed by Norfolk Wildlife Trust had been addressed (paragraph 177 of the NPPF applies).

Heritage Assets. The main heritage asset impacted by the proposed development was the Bunns Bank Scheduled Ancient Monument. Special regard and significant weight had been given to ensure complete protection from harm. Historic England had identified less than substantial harm to the setting of this Scheduled Ancient Monument in line with the advice at paragraph 196 of the NPPF. The following assets had also been identified, including Round Barrow on Hargham Heath, a Grade II Listed Building ‘Old Hall’ and associated moat, Grade II Listing Buildings, Potmere Farm’ and its associated pair of barns.

Affordable Housing. Policy DC4 of the Core Strategy sets out a requirement for a development of this nature to provide 40% affordable housing and the emerging Local Plan Policy HOU7 proposes a 25% level of affordable housing. However, a caveat within the Policy allowed for a reduction to the percentage level where the costs of the development were considered to be extraordinary due to existing physical constraints which would result in development becoming unviable. Due to significant infrastructure costs, 10% of affordable housing had been proposed over the whole of the development and as part of the S106 Agreement it had been recommended that a review mechanism would be included at regular intervals to provide for a possible uplift in affordable housing.

Infrastructure provision was significant to this scheme and included:

 a Link Road  a pedestrian foot bridge  two 2 form primary schools  a local centre – including community building  two neighbourhood centres  an outdoor sport and recreation provision  allotments/community orchards; and  NHS provision either on-site or off-site.

The ongoing management and maintenance for the scheme was explained (see presentation). The Structuring Plan proposed would include various matters and the S106 Agreement would make provision for the long term maintenance of public areas, community facilities and drainage areas etc.

Whilst a Phasing Plan had been submitted (see presentation) this was classed as indicative and was likely to change over time. The Director of Planning & Building Control advised that the Structuring Plan would provide firmer details of phasing over a scheme that would last approximately 25 years and would commence towards the end of the Breckland five year housing land supply period (see Appendix 1 of the agenda pack). The development would be developed from east to west and the delivery of the scheme would be controlled by conditions and the associated S106 Agreement. Reserved Matters applications would propose much of the detail around landscaping, open space provisions, design and layout and would be guided by the principles as set out in the application. Further to the above, there would also be additional Heads of Terms applied (see Appendix 2 of the agenda pack).

In conclusion, and following the planning balance being read aloud, the Director of Planning & Building Control urged Members to support the application. 23 Planning Committee 15 March 2019

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John Long (John Long Planning) the applicant’s Agent and Hugo Kirby (Ptarmigan/Attleborough Land Ltd) the applicant were in attendance. Other relevant representatives were in attendance to answer questions.

Mr Long felt that this was an important milestone in the process which had taken nearly 10 years of hard work to get to this stage with many people involved along the way. It had been a team effort and it had been remarkable as to what had been achieved when a strategic scheme such as this was brought forward on a collaborative exclusive basis. The preparation of this proposal had involved a committed applicant, a skilled consultant’s team, representatives’ from the County, District and Town Councils, statutory bodies and most importantly the involvement of the people in Attleborough. From the schemes inception, the approach had been to engage, discuss, reflect and respond to the issues and challenges a scheme of this size and complexity threw up. Many changes had been made along the way but everyone involved were now confident that the scheme before the Committee was the best that it could be. The engagement work would continue over the coming months and years and hopefully Members could see that this application reflected the true colours of collaboration and was supported by most of the local community. A great deal of hard work from all concerned had gone into this application to ensure that this would be a place where people would enjoy living.

Mr Kirby then spoke and pointed out that Ptarmigan Land, a strategic land promoter who was proud of this exciting project, had been working closely with the community and the Town Council as a scheme like this one had its own unique challenges which he had done his best to address and accommodate. The scheme reflected a good planning balance and if Members’ voted in favour of the application the hard work would continue. It was estimated that work would commence on site in mid 2020 with the first homes being occupied in 2021; this was quite a demanding target but he was confident that this could be achieved. Ptarmigan Land would continue to be heavily involved in the process and would take the scheme through each stage of the development process and the site would be sold in phases, a long term project that would take many years. A number of housebuilders had already expressed an interest in the scheme even though it had not, as yet, been marketed. Delivery would be a challenge for large and complex schemes, with over £90m of infrastructure costs, and the link road would be secured as soon as possible. Other benefits which would be delivered in the early stages of the development were highlighted. Mr Kirby finished by saying that it had been an absolute pleasure working with everyone involved and for producing this exciting scheme and he urged Members to approve the application.

Ward Members were then invited to speak but Councillor Joel asked if the Parish Council could have the opportunity speak first.

Mr Steve Milner from Old Buckenham Parish Council recognised that the SUE would have the potential to bring many benefits to the region; however, the Parish Council objected to the application based on the following grounds:

 infrastructure – Old Buckenham did not have any health care provision of its own and relied on Attleborough for such care, a particular concern was surgery provision which was already over stretched and according to the NHS consultation there was not enough capacity;  traffic impact on the village – the 22% prediction of extra vehicles was incorrect as vehicles would take shortcuts through Old Buckenham, and the link road needed to be in use before development commenced;  the Attleborough development should remain within its own boundary and if 24 Planning Committee 15 March 2019

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the area of land in Old Buckenham was not going to be developed why include it;  public transport – was non-existent for residents and he asked that the development plan should include Old Buckenham.

Tim Betts the Chairman of Gt Ellingham Parish Council drew Members’ attention to page 30 of agenda pack which highlighted the comments submitted by the NHS. He felt that potential healthcare should be provided as a matter of urgency and asked the Committee to secure funding for an additional health care centre. He also felt that the closure of Hargham Road to vehicles would not be a good idea as it would lead to other roads being used as shortcuts. He also suggested that vehicles should be allowed to turn left onto the link road and not turn right and that this issue should be reviewed with Norfolk County Council (NCC) Highways. Members’ attention was then drawn to page 52 of the agenda pack where the concerns raised by Great Ellingham Parish Council had been included and he highlighted the affect that the link road would have on some of the villages’ road network. His main concern was in relation to HGVs which when heading towards Dereham would take a route through Great Ellingham. He urged Members and Officers to have further discussions with NCC Highways.

Councillor Joel, a Member of the Breckland Planning Committee and also Ward Representative for the Parish of Old Buckenham was delighted to see several residents from his Ward in attendance. He pointed out that 15 acres of this Attleborough development land was actually in the parish of Old Buckenham; this land was known as Bunns Bank and any development would have an impact on this heritage asset. Referring to the link road, he agreed with the comments made by Great Ellingham Parish Council as Historic England had also raised concerns about the position of the link road near to this heritage site. He also mentioned the flood risk and pointed out that surface water could flood into Old Buckenham Fens and as for the parcel of land that fell within Old Buckenham Parish, he asked for this land to be removed completely.

Councillor Keith Martin, a Member of the Breckland Planning Committee and a Ward Representative for Attleborough was pleased to see so many people in attendance. He, himself, had been a resident of Attleborough for 72 years and a District Councillor for 36 years and he knew that people were weary of change and although he had been involved from the very start of this process, the Hargham Road junction still remained one of the main concerns. The link road; however, would be welcomed as it could only be classed as a positive for the town.

Elizabeth Wrigley the Planning Consultant who had worked with Attleborough Town Council to produce the Attleborough Neighbourhood Plan over the last three years had just a few detailed points that she wished to raise:

 the need to divert the heavy traffic from the town centre;  The Linear Park - the jewel in the crown that Attleborough Town Council would like to manage and maintain and work with Anglian Water;  Heritage sites and historic hedgerows and historic boundaries;  the link road would be the road of choice for HGVs;  future management - the community should be involved. The Town Council would be issuing a brief for various uses and the Community Centre should be ready for use at the earliest occupation of homes,  the position of the link road; and  Hargham Road.

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Sandie Howard, a resident, had lived in Hargham Road and had not been consulted and she had received a letter stating why she had not been consulted. She wanted to know how the traffic was going to get to the site if Hargham Road was closed. She also felt that indoor sports facilities should be considered.

Alexander Holdom also a resident was pleased with the footbridge crossing and the provision of some allotments. However, flooding would be an issue and drew Members’ attention to Potmere Farm, a 350 year old listed building which he pointed out on the map. A culvert had been installed in 1950 and the link road would be built over it and he asked how this would be maintained. Another point raised was in relation to all the new builds and he felt that all public buildings should be built facing south so solar power could be used.

Jean Bornett a resident of Old Buckenham Parish made some pertinent points about the parcel of land being included in the proposal and pointed out that only Attleborough residents had been allowed to vote on this matter. She mentioned the parishes that had been absorbed into Thetford which she did not want to happen to Old Buckenham. A clear green line was required otherwise this would be the beginning of the end.

Vanda Morgan was in attendance as a personal representative and on behalf of a group of residents from Foundry Corner. Foundry Corner was a rat run and was getting worse and HGVs should be stopped from using this route and she reinforced the request to put the link road in first prior to any development to prevent these rat runs.

Joy Shorecross also a resident paid particular regard to paragraph 8.12.7 of the assessment notes appended to the agenda pack that stated special regard and significant weight had been given to the protection of the heritage assets and to ensure compete protection of harm. One of the benefits included the new foot bridge at Leys Lane for the benefit of new and existing residents to allow for the closure of existing level crossing(s). She felt that the problem of closing existing level crossings had not been addressed. Residents who used the Poplar Farm crossing and the Fowlers Lane crossing would lose their access rights to their properties. At the Leys Lane crossing, people would have to walk an additional mile. Photos were then shown of Poplar Lane crossing. Network Rail had agreed a foot- link bridge as long as the others were closed and she felt that this would constitute more harm than good and should be reconsidered. She drew attention to paragraph 8.2.6 of the Assessment Notes which stated that there would be no provision for vehicular traffic from the new development to access the site’s existing ‘internal’ roads, such as Leys Lane, Poplar Road, Burgh Common etc. She had noticed that those areas earmarked for development on the map were inaccessible unless there was a crossing and pointed out that if the crossing was closed, and access was not allowed from the development, the people living within Poplar Road would not be able to get out of their properties and would have to be airlifted.

Ali Clabburn a local resident who had lived in Attleborough all his life felt that the vision for the town should be driven by employment opportunities and had been disappointed that no employment land had been included. He felt that the congestion in the town was going to get worse and should be resolved prior to any development. Employment was his major concern and the application needed to be phased with employment as well as housing. The final point was in relation to the provision of more cycle routes.

Elizabeth Fletcher another Attleborough resident who had lived in the town for 18 years had studied the document in great detail. She pointed out that Norfolk in 1989 26 Planning Committee 15 March 2019

Action By had been free of traffic but had increased dramatically over the last 20 years and the traffic in the town was often gridlocked. She mentioned the housing development and she hoped that huge estates would be avoided as these new build areas needed to harmonise with the traditional environment. There had been much thought gone into this planning application and she hoped that these large rural areas would not be urbanised.

Elizabeth Burrows said that the Linear Park had raised the most interest due to the fact that Attleborough had very little open space to walk and exercise and the vision of a park that went from one side of the town to the other was a point of huge interest. However, what she wanted to avoid was a series of alley ways through the housing developments and the vision be kept of a wide pathway park that allowed for cycling and walking.

The Chairman felt that a short break should be taken at this point to allow Officers and representatives to respond to all the issues raised.

Following the break, Liz Poole, Norfolk County Council Highways, responded to the concerns raised in relation to Hargham Road and pointed out that the scheme being considered as part of the application was just an indicative scheme. She assured the Committee that when the link road came forward other options could be considered and she would be more than happy to engage with people to discuss that particular junction. As far as the rat runs were concerned, as these matters did not form part of the application, they were a matter for NCC Highways Area Officer to consider. In terms of the construction traffic, a Management Plan would be put in place for each phase of development to ensure that the traffic was using appropriate routes.

Mr Kirby (Ptarmigan/Attleborough Land Ltd) stated that they were working very hard for early delivery of the link road but no plans could be confirmed until planning consent had been given. The local community centre could be expanded so to make enough room for a health centre and the width of the Linear Park would be protected by the Parameter Plan. There was provision for sports facilities for public use and the Old Buckenham issue was an oversight and was a protected green space that could not be built on. In terms of employment, there was already employment on Victory Park and Bunns Bank, and employment in Snetterton would be promoted. No crossings were being closed but what Network Rail did would be down to them. As for cycling networks, these formed a very important part of the detail and the next stage of the process would be even more detailed and everyone would have the opportunity to be involved.

Referring to the heritage assets, the Director of Planning & Building Control stated that special regard and significant weight had been given to the protection of these assets to ensure complete protection from harm. He then drew attention to the application itself and assured all those in attendance that the Parameter Plans were tied to the consent and all Plans and Strategies, S106 Agreements and the Masterplan would be derived from those Parameter Plans. As for the construction traffic, Traffic Management Plans would be implemented and in terms of flooding, down-stream flooding had to be addressed and could not lead to impact elsewhere. The culverts were known, and these would be addressed and properly designed in with the application. Climate change and sustainable construction would be a major part of the scheme going forward and the points made in respect of Network Rail, unfortunately, were not within the gift of the developer. As for parking, there were initiatives, and funding was underway to address parking issues. There were also plans for a new shopping area. 27 Planning Committee 15 March 2019

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Members of the Planning Committee were then given an opportunity to put their questions forward.

Councillor Bowes asked if anymore could be done in relation to an additional surgery and more healthcare provision going forward. She also asked about the employment area and the timescale for delivery of the whole project.

The Director of Planning & Building Control advised that there was a substantial provision of land for a new surgery, and if this land was not taken up by NHS England, a significant funding allocation would be provided. As far as employment was concerned there was employment land identified elsewhere in the town and in terms of delivery, the developer anticipated starting on site in 3 to 4 years but it would be many years later before completion.

Councillor Duigan asked what would happen if there was a significant departure from the indicative plan. Members were informed that the Parameter Plans had been derived from the Master Plan and as such there would have to be a formal process put in place, such as further consultation, if any major changes were made.

Councillor Sharpe referred to the document circulated at the meeting by Joy Shorecross that mentioned the crossings being closed and asked if this was a condition applied by Network Rail and if it was actively being pursued. Members were informed that lengthy discussions had been had with Network Rail as well as with the Agent. Network Rail had started off by stating that certain crossings must be closed but this did not form part of the scheme and was not in the Council’s gift - extinguishing private rights was not part of this scheme and could not be conditioned as such.

Councillor Sharpe also asked about the allegation of residents being possibly landlocked on Poplar Road. In response, the Agent assured Members that there was no prospect of this happening and the allegation was incorrect.

Councillor Darby felt that the foot bridge should be user friendly for all concerned. He asked the Highways representative if there was going to be any network built in the plans to alleviate any possible traffic problems in Old Buckenham. Liz Poole, NCC Highways pointed out that the increase in traffic going through Old Buckenham would be marginal; therefore, nothing had been proposed.

Councillor Martin mentioned the employment land on London Road and Victory Park where there was room for expansion. He pointed out that an application to expand premises on London Road had already been approved and at Bunns Bank, where there was still a great deal of land, a recent planning application had been submitted for additional units which he felt would be ideal with the link road coming in from the A11.

The Director of Planning & Building Control highlighted the fact that the emerging Local Plan had a direct allocation for at least 10 hectares of employment land on London Road going forward.

The Chairman of the Planning Committee pointed out that at the recent Planning Committee meeting held earlier in the week, an application had been approved for units on the Snetterton site.

In terms of open space, Councillor Joel thanked the Director of Planning & Building Control for all the hard work that gone into this planning application; Old Buckenham and the ancient monument would now be protected. He asked if the person 28 Planning Committee 15 March 2019

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developing the plans for the construction traffic would be willing to attend a Parish meeting to discuss this matter. Also, in respect of Bunns Bank roundabout, he asked if there would be any footpaths installed to protect the pedestrians.

The Director of Planning & Building Control said that he would be quite happy to work with the Parish Council when the plans came forward. There would be a Construction Management Plan that would be produced by the developers in conjunction with the Highway Authority and there were footpaths and cycleways proposed as part of the overall development. The detailed design of the roundabout and link road would address the issue of footpaths and cycleways.

Councillor Joel also asked about the level of affordable housing. Members were informed that the affordable housing provision had arose from viability work, which was 400 dwellings for the lifetime of the development but there would be a condition in the S106 Agreement to review this number as the development progressed.

Councillor Wilkinson was pleased to see all issues raised being addressed; however, he reminded Members that the emerging Local Plan was trying to hit a limit of 25%. As far as infrastructure services were concerned, he asked if anything could be built out before the 1200 houses and, if any crossings were to be closed, he asked that the Ward Representatives be kept informed.

The Director of Planning & Building Control explained that there would be triggers all the while in respect of infrastructure provision which would be brought forward as early as possible. In terms of Network Rail, these decisions were not driven by Breckland Council or by the developers but all would continue to push the point that the crossings should not be closed.

Councillor Richmond, the Vice-Chairman asked for the affordable housing review mechanism to be explained. Members were informed that intervals had been identified and a review would take place on sales values against costs and there was a mechanism in place to uplift the affordable housing quota.

Councillor Sharpe asked about the attenuation basins. He wanted to know if these would form part of the open space calculation. Members were informed that these would not.

There were no further questions.

The Chairman was pleased that everyone had been given the opportunity to put forward their concerns and air their views. He then read aloud the recommendations, and following Members’ unanimous approval, it was:

RESOLVED that the application be approved; subject to:

1. the attached conditions as set out in Appendix 1 of the agenda pack;

2. the completion of a S106 Agreement relating to the matters as set out in Appendix 2 of the agenda pack; and

3. Officers being given delegated powers to finalise and amend conditions and the S106 Agreement prior to the issuing of the decision notice having regard to the findings of the HRA and in consultation with the appropriate statutory bodies.

The meeting closed at 12.10 pm CHAIRMAN 29 3PL/2017/0996/O - Attleborough SUE, Land South of Attleborough Outline planning consent for all matters reserved apart from the principle means of vehicular access (3 accesses onto the B1077 Buckenham Road; 1 access across Burgh Common; 1 access across Hargham Road, 1 access across Leys Lane and 1 access onto London Road) for residential development for up to 4,000 dwellings on land to the south of Attleborough; construction of new link road between Buckenham Road and London Road, pedestrian footbridge across the railway line to connect with Leys Lane, provision of two, 2 Form Entry primary schools; Local centre including up to 2,600m2 gross floorspace for uses within Class A1 (shops), up to 1,400m2 (gross) for uses within Classes A2/A3/A4 and/or A5 and petrol filling station, along with up to 2,100m2 (gross) for Community Uses (Class D1). Two further neighbourhood centres together including up to 400m2 (gross) for uses within Classes A1/A2/A3 and/or A5, sports pitches, public open space and amenity greenspace with sustainable drainage systems and associated infrastructure (including off-site town centre highway improvements) and demolition of existing unused sewage works and agricultural buildings. 1 30 Minute Item 39/19 The site 31 2 Indicative Masterplan 3 32 Masterplan with Parish Boundary 33 4 Land Use Parameter Plan 5 34 Density Parameter Plan 35 6 Building Heights Parameter Plan 7 36 Landscape Strategy Parameter Plan 37 8 Access and Movement Parameter Plan 9 38 London Road junction with link road 39 10 Link Road crossing with Hargham Road 11 40 Link Road junction with Buckenham Road 41 12 Proposed roundabout at High Street Junction with Buckenham Road 13 42 Junction – Buckenham Road south of Slough Lane 43 14 Breckland Lodge A11 Slip Road 15 44 Bunns Bank junction with link road 45 16 Access London Road junction with Link Road

Accesspoint 17 46 Leys Lane level crossing 47 18 Bunns Bank Scheduled Ancient Monument 19 48 Slough Lane Junction 49 20 Issues • Policy • Highways • Flood risk • Ecology – Habitats Regulation Assessment • 21 Heritage

50 • Affordable Housing • Infrastructure Provision including linear park • Ongoing Management and Maintenance • Phasing • Conditions and S106 • Planning Balance Policy Context

Section 38 (6) of Planning and Compulsory Purchase Act:

51 “If regard is to be had to the development plan for the 22 purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.” Development Plan

The main relevant Development Plan Policy documents are: • Breckland (Adopted) Core Strategy and 23

52 Development Control Policies Development Plan Document (2009); • Norfolk Minerals and Waste Framework (2013); and • Attleborough Neighbourhood Plan (2018) Other material considerations

• National Planning Policy Framework – February 2019 53

24 • National Planning Practice Guidance

• Emerging Breckland Local Plan NPPF Paragraph 8 sets out the three strands of sustainability:

• Economic objective

25 • Social objective 54

• Environmental objectives

These are interdependent and need to be pursued in mutually supportive ways (so that opportunities can be taken to secure net gains across each of the different objectives) Housing Land Supply

Paragraph 11 of NPPF: Plans and decisions should apply a presumption in favour of sustainable development For decision-taking this means: 55 c) approving development proposals that accord with an up-to-date development

26 plan without delay; or d) where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date , granting permission unless: i. the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole. Housing Land Supply

Current five year housing land supply position – 4.77 years. 27

56 Therefore: “the policies which are most important for determining the application are out-of-date”. Highways

No objection from Local Highway Authority 57

28 Paragraph 109 of NPPF: “Development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe.” Flood Risk

No objection from Lead Local Flood Authority

Paragraphs 155 – 165 of NPPF applicable. 29 58 No sequential test required

Public benefits indicate that the exception test at paragraph 160 of the NPPF is also satisfied.

Conditions recommended Ecology and Habitats Regulations Assessment (HRA)

No objection from Statutory Consultees, concerns expressed by Norfolk Wildlife Trust have been addressed.

Required by virtue of 2017 Habitats Regulations 59

30 It is necessary to demonstrate that impacts will not occur following implementation of mitigation measures.

Sites: Norfolk Valley Fen Special Area of Conservation (SAC) Old Buckenham Fen Site of Special Scientific Interest (SSSI) 13 other County Wildlife Sites within 2km Ecology and Habitats Regulations Assessment (HRA) Paragraph 177 of NPPF states:

31 “The presumption in favour of sustainable development does not apply where the plan or project is likely to have a significant effect on a habitats 60 site (either alone or in combination with other plans or projects), unless an appropriate assessment has concluded that the plan or project will not adversely affect the integrity of the habitats site.”

The appropriate Assessment has concluded that there is no adverse impact on protected sites. Paragraph 177 is not engaged. Heritage

Section 66(1) of the Planning (Listed Building and Conservation Areas) Act 1990 requires Local Planning Authorities to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historical interest which it possesses in the 61 determination of planning applications. 32

The NPPF requires that local planning authorities take into account the particular significance of the heritage asset when considering the impact of a proposal> Heritage

Heritage Assets: • Bunns Bank Scheduled Ancient Monument • Round Barrow on Hargham Heath’, c.700m southwest of the site. 33 •

62 Grade II Listed Building ‘Old Hall’ and associated moat east of the site • Grade II Listed Buildings, ‘Potmere Farm’ and its associated pair of barns located adjacent to the proposed western access road. Heritage Historic England identify “less than substantial harm”.

Paragraph 196 of NPPF:

“Where a development proposal will lead to less than

63 substantial harm to the significance of a designated

34 heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use.”

It is concluded that in this instance the public benefits identified outweigh the harm identified to the Heritage Asset – namely the Bunns Bank SAM. Affordable Housing

• 10% Affordable Housing proposed over the whole of the Development • 35 Viability Assessment carried out and independently

64 assessed • Review mechanism proposed at regular intervals to provide for a possible uplift in affordable housing. • Self –build and Custom build proposed on the Poplar Road parcels and along Slough Lane. Infrastructure Provision including Linear Park

Infrastructure includes: • Link Road • Pedestrian Footbridge 65 • Two 2 form primary schools 36 • Local Centre – including community building • Two Neighbourhood Centres • Outdoor sport and recreation provision • Allotments/Community Orchards • NHS provision either on-site or off-site Ongoing Management and Maintenance Structuring Plan proposed and will include: • Block Structure and Character; • Route Hierarchy and Connectivity; • Spatial Hierarchy; • Green Infrastructure; 37 • Blue Infrastructure (SuDS); 66 • Heritage; • Phasing (including identification of Development Phases which shall be interpreted as including being able to comprise key strategic infrastructure). • Formal and informal indoor and outdoor sport and recreation provision • Management and delivery of the infrastructure elements. Ongoing Management and Maintenance

Section 106 Agreement will make provision for the long term maintenance of public areas, community facilities, drainage areas etc. 67

38 Options include: • Management Company • Town Council • District Council Phasing Plan 39 68 Conditions and S106 Agreement

• Draft conditions included as Appendix 1 • Draft Heads of Terms included as Appendix 2 69

40 Conditions and S106 contents liable to some change during final negotiations – seek resolution to allow officers to finalise and amend conditions and S106 where approrpiate Planning Balance • Scheme meets identified housing need for Attleborough • Paragraph 11 of NPPF applies • No policies within the Framework which would restrict the development • 41 The benefits outweigh the less than substantial harm to the setting of the SAM 70 • The proposal meets the three tests for sustainability as set out at paragraph 8 of the NPPF • The scheme provides substantial levels of mitigation • Scheme provides substantial benefits • Even if harm to policies found this is outweighed by the substantial benefits identified Agenda Item 8

BRECKLAND DISTRICT COUNCIL

Report of: Executive Director - Place

To: Planning Committee: 8 April 2019

Author: Simon Wood – Director of Planning and Building Control

Subject: Revisions to the Scheme of Delegation

Purpose: To revise the delegation scheme in relation to the determination of planning applications.

Recommendation(s): That Members’ support Option A and refer it to Full Council for adoption and to make the appropriate changes to the Scheme of Delegation.

Proposed Revisions to the Planning Scheme of Delegation

1 Introduction

1.1 In spring 2018 the Council went through a Peer Review of the Planning Committee undertaken by the Local Government Association (LGA) and Planning Advisory Service (PAS).

1.2 In relation to Delegation and Call-in (Section 3), the report highlights:

• Committee reports fail to set out which Councillor has called-in the application and what the planning reason was for them to do so. • The report recommends that the Council should regularly review delegation and call-in procedures to find a balance between officer delegation and the opportunity for non-major but controversial applications to come to committee. • An exception policy is highlighted, under which all applications are delegated to officers except where they exceed set criteria.

1.3 The Action Plan arising from the Peer Review sets a requirement for a review of the existing Scheme of Delegation (SoD), and the suggestion of High, Medium and Low delegation models. This paper sets out three options for revisions to the extent of the delegated powers for planning together with an identification of the positive and negative aspects of each.

2. Background

2.1 The decisions made on planning applications can either be made by the Council’s Planning Committee or by Council officers under powers delegated to them via the Council’s SoD. The manner in which the decision is made (i.e. committee or delegated) has no impact on the decision itself. In either scenario the planning decision is recorded as a decision of the Council as the Local Planning Authority.

2.2 When a delegated decision is made; the officer produces a report which is then reviewed by a number of senior staff and an officer of the Council. After this review mechanism is complete, the decision is issued. For those applications being referred to the planning committee, the sequence of events is different:

71 • A briefing session is held between the Planning Management Team and planning case officers to discuss the detail of applications which might be referred to the planning committee • An officer produces a report which is then reviewed by a number of senior staff • Following the completion of this review, the report is published as part of the committee agenda pack • The situation with applications often moves on and therefore a supplemental report is produced 2-3 days prior to the meeting to update the Committee members as to any changes. • A Chairman’s Briefing is held at which the Planning Management Team and the case officers run-through the applications on the committee with the Chairman and Vice Chairman of the Planning Committee. • The Planning Committee meeting itself involves lots of staff to organise and support both the public and the Councillors. • At the Committee meeting the Planning officers present their applications. They (and senior colleagues) are then often called upon to answer the questions of the Committee members or to address points raised by the public who have addressed the committee.

2.3 The significant increase in work undertaken for committee items means that applications dealt with in this way are more ‘expensive’ to deal with as there is a greater level of resource input. There is also the factor of time and delays. The cycle of Planning Committee meetings is fixed and therefore there can be delays for Applicant’s awaiting the next available meeting. There can also be delays due to issues that arise at the committee, for example new issues raised in representations made to the Committee which the officers and/or Applicant aren’t able to satisfactorily answer can lead to the item being deferred which causes further delay.

2.4 For these reasons, many Councils consider it to be a characteristic of an efficient and effective planning service to increase as far as possible the level of delegated decisions and reduce the number that are dealt with by the Committee. The Government collects and publishes data on the level of planning delegation for Local Planning Authority area.

LPA % Delegated Decisions (Year ending June 2018)1:

 National 94%  Breckland 88%  96%  Great Yarmouth 92%  Kings Lynn 94%  95%  Norwich 92%  South Holland 93%  95%

It can be seen that the level of delegation within Breckland is significantly below the national average as well as the average within Norfolk.

3. Common Changes

3.1 There are changes suggested as part of this review that are common to all three options.

Scope of ‘Planning’

1 Data Extract P134 (MHCLG)

72 3.2 In the existing SoD, the scope of ‘Planning Applications’ covered by the powers delegated to the Director are tightly defined and set out in list of application types. This approach lacks flexibility and means that as new applications emerge, the list can become out-of-date and there will be a lack of clarity as to how new applications are classified within the SoD.

3.3 The suggested solution is to alter the wording to ‘planning matters’ and to delete the list of application variants. This phasing provides more flexibility and also clarifies that the SoD is designed to cover all planning related issues.

Call-In Form

3.4 A standardised Councillor Call-In form has been created [copy attached at Appendix 1]. The adoption of this new form will ensure that call-in requests are received in a consistent matter helping to reduce the confusion that can arise in the current system if emails are missed, or the wording used is misinterpreted. Councillors will be required to send the forms to a monitored email address to ensure any periods of absence don't impact on the request being actioned if certain staff are unavailable.

3.5 The current process relies on emails being sent in. There have been issues where the wording used by the Councillor has not made it easy for the officer to interpret the main planning issues involved or their preferences. The proposed new standardised form includes a requirement to indicate that the call-in is made on the basis of whether the Case Officer is minded to recommend either grant or refuse. This allows for applications to be dealt with under delegated powers if the recommendation accords with the Councillor’s preference. A note has been added to the form to highlight to Councillors how to indicate that they want the matter heard at committee irrespective of the officer recommendation. It is anticipated that this option should be used infrequently for those applications that they consider to be highly contentious or sensitive.

3.6 Within the findings of the PAS review it is highlighted that committee reports fail to set out which Councillor has called-in the application and what the planning reason was for them to do so. The form includes a mandatory text box which Councillors will need to complete with the planning reason for their call-in. The form highlights (i) that this wording will be used in the public report, and (ii) that officers are available to help provide guidance on how to complete this section. Planning applications involve many issues, not all of which are of concern to local residents. Having a clear indication of the main issue(s) that have triggered the application to be called-in allows the officers to shorten their presentations to focus on these matters, which in turn helps with the smooth and efficient running of the committee.

Delegated powers to refuse

3.7 For both Options B and C a common change is to limit the extent of the criteria for automatic referral to be for applications that officers are minded to Approve. It is the approval of planning applications that has the biggest impact whereas the refusal of proposals which haven’t been called-in by a Councillor is unlikely to be controversial.

3.8 Under planning legislation decisions on planning applications have to be made in accordance with the development plan. The refusal of a proposal would normally be because the application did not accord with the Council’s Local Plan and, therefore, to refuse would be in-line with the expectations of the local community.

73 Chairman’s Panel

3.9 The Chairman’s Panel is (loosely) based on a similar scheme in operation at South Holland District Council that was referenced in the PAS report. The Panel would be able to come to a view on whether any proposals that would under any criteria in the SoD need to be referred to the committee, are sufficiently uncontroversial or non-sensitive to allow for them to be determined under delegated powers.

3.10 The Panel is not a decision making body and therefore it cannot direct any decision on the planning application. Its role is limited only to confirming which applications should be heard at the committee and identifying those for which this is not necessary.

3.11 In addition to identifying application that do not need to be referred to the committee, it is suggested that the panel could also fulfil a useful role in acting as a consultative body to help guide officers to identify applications which, would otherwise be deal with under delegated powers, that represent a wider interest and should therefore be dealt with at the Planning committee in the most transparent manner.

3.12 In terms of the membership of the Panel, this has been kept to a minimum. The rationale is that there needs to be a minimum of three Councillors on the panel to prevent any unilateral decisions. The membership of the panel is flexible and would be pre-agreed with the Committee Chairman for each session. Where the panel is convened with an even number of participants, the Chairman would retain the casting vote. Limiting membership to planning committee members is designed to ensure that participants have received planning training.

3.13 It is assumed that in many cases the Panel will be convened through the holding of a meeting at which officers will present the information to the Panel members and answer questions before obtaining their views. However, to maximise flexibility and to allow for quick advice to be sought when necessary, it is also recommended that the Panel be flexible enough to accommodate requests via the exchange of email. In these scenarios, an email would be sent from officers to a list of Cllrs, pre-agreed with the Chairman, to be the identified Panel for the issue. This email would include an explanation of the issues and a clear recommendation from officers. The expectation would be that Cllrs would offer their views by return of email. If no response was received from a Cllr within the prescribed time, it would be assumed that they had no objection to the officer recommendation.

Option A – High Delegation

3.14 The High Delegation Model [attached at Appendix 2] follows the exception principle whereby the default position is that planning matters are dealt with by officers unless they are called-in or they trigger a small list of criteria.

3.15 To limit as far as possible the criteria that trigger a requirement for a planning matter to be referred to the committee these have been limited to applications submitted by or on behalf of the Council, and applications made by Members or Officers of the Council. This ensures transparency and avoids any concerns being raised about the manner in which they have been handled.

3.16 An important trigger under this high delegation model is the ability for the Executive Director to refer matters to the committee. This allows for matters that might not be controversial to the Ward Councillor involved but that have wider impacts on the Council to be handled by the committee if this is deemed the best forum for them.

74 3.17 The current SoD wording already includes this power with the limitation that any such referral must be agreed in consultation with the Chairman of Planning Committee. Whilst his requirement has been retained, removing the need to agree matters with the Chairman and allowing the Executive Director to exercise their own ‘call-in’ would have operational benefits in terms of reducing delays and may also prevent any possible politicisation of controversial call-in decisions. In any future review of the impact the new SoD has achieved, it is recommended that this limitation on the call-in rights of the Executive Director be reconsidered in light of examples of how it has worked in practice.

Pro:

• Significantly reduce the number of medium/large scale but non-contentious applications that need to be referred to the planning committee. • Promotes positive pre-application engagement by applicants with local residents and Cllrs at the pre-app stage. Applicants will know that if local people are broadly happy with the application, it is less likely to be called-in. • Smaller, more manageable, committee agendas – this option would have the biggest impact in this regard. • Will speed up determination times for minor and major applications. The default position will be that applications will be dealt with under delegated powers and therefore timelines aren’t delayed waiting for the next available committee date. This might also help to reduce the use of Extensions of Time.

Con:

• For the ‘delegated by default’ model to work well there is marginally more pressure on local Councillors to call-in applications within their ward that they think should be discussed by the committee.

Option B – Medium Delegation

3.18 This second option, the Medium Delegation Model [attached at Appendix 3] follows the general exception principle used in Option A but increases the number of criteria that would require applications recommended for approval to be referred to committee automatically.

3.19 The purpose of Option B is to provide a ‘halfway house’ that removes some of the requirements upon Councillors (and officers) to proactively refer matters to the planning committee which are likely to trigger local sensitivities. On this basis, whilst it would help to reduce the number of applications at committee, it wouldn’t have the same positive impacting in this regard as Option A.

3.20 A further improvement over and above the existing SoD proposed under Option B is to limit the scope of ‘Major Applications’ to remove (i) commercial developments; and (ii) secondary applications. At the moment, the committee make a decision on an outline application for a large housing site whereby they are agreeing the principles of development. Under the current SoD they still have to consider all future secondary applications such as reserved matters submissions, and minor amendments. There is often less value in these being considered by the committee (if they are not controversial), as the committee have already come to a view on the development of the site.

3.21 Option B also retains the category of ‘Significant Applications’. This includes those applications that officers may wish to approve which are contrary to policy. In a scenario (like today) where the Council does not have a 5 Year Land Supply (5YLS), there are a number of speculative planning applications made for small scale developments such as single new dwellings outside the settlement boundary. At present all of these that are

75 supported by officers have to be presented to the planning committee and, under this Option B SoD, this situation would continue. This would still have the potential to result in a large number of applications going to Committee and it is proposed that these applications, applications for minor residential development that may be approved contrary to policy, could be the subject of a decision by the Chairman’s Panel as to whether or not it is appropriate to take these matters to Committee.

Pro:

• Limits the scope of ‘Major Applications’ to remove commercial development and secondary applications where the Committee have already agreed the principle of development by agreeing an outline application. • Smaller, more manageable, committee agendas – this option has less impact than Option A in this regard. • Will speed up determination times for minor and major applications, particularly for commercial developments, as these will not be delayed waiting for the next available committee date. This might also help to reduce the use of Extensions of Time.

Con:

• Will not impact on common applications that the Council is dealing with due to its lack of 5YLS. Proposals that don’t accord with policy (even if they aren’t controversial) will still be referred to the planning committee unless the Chairman’s Panel determines otherwise.

Option 3 – Low Delegation

3.22 Option 3 is the Low Delegation Model [attached at Appendix 4]. This largely maintains the status quo with the existing SoD other than: (i) the common changes detailed in Section 2; such as the addition of a Chairman’s Panel.

3.23 The definition of ‘Major Applications’ would continue to include the commercial developments; and secondary applications that are excluded by Option B. However, it could be that some of these may not be presented to the committee for determination if it is agreed at the Chairman’s Panel that they can be dealt with under delegated powers.

Pro:

• Provides a mechanism to allow applications to be dealt with under delegated powers that would otherwise need to be included on the planning committee agenda.

Con:

• Will have the least impact of all options on the length of committee agendas • Arguably further ‘politicises’ the process by which applications are referred to the planning committee • Seeking to convene a Chairman’s Panel (or doing one via email exchange) introduces a delay to the process which could impact on the time taken to deal with applications.

4 Conclusions and Recommendation

4.1 The main drivers for the review (set out in Section 1 above) related to the transparency of the call-in process, and a review to seek the right balance in terms of officer delegation and committee consideration.

76 4.2 As part of the common changes which are included in all options is the adoption of the standardised Councillor call-in form [Appendix 1]. The introduction of this form, together with operational changes to ensure the officers include within their committee reports details of the call-in and the reasoning would fully address the need to improve the transparency of the process.

4.3 The introduction of a Chairman’s Panel is another common change identified for all the options. This would introduce the benefit of possibly removing the need for some applications to be referred to the committee. It would also (when it is used as a consultative body), to provide a safety net and ensure that proposals that have the scope to trigger wider issues are sent to committee to be dealt with in the most transparent manner if this is considered appropriate.

4.4 Of the three options (A, B and C) accessed, it is Option A for a High Delegation Model which has the best outcomes in terms of reducing the size of planning committee agendas and ensuring that only controversial or sensitive matters are dealt with in this manner. The ‘con’ listed in section 3, that this option would put the onus on local Councillors to call-in applications within their ward that they think should be discussed by the committee is limited and would be significantly outweighed by the benefits derived.

4.5 On this basis, the recommendation is that all the common changes and Option A be supported and referred to Full Council for adoption.

Recommendation: That Members’ support Option A and refer it to Full Council for adoption and to make the appropriate changes to the Scheme of Delegation.

Appendices

1 – Councillor call in form 2 – Option A – High Delegation 3 – Option B - Medium Delegation 4 – Option C – Low Delegation

77 Appendix 1 Councillor Planning Application Call in Form

For determination of a Planning Application by Planning Committee.

Completed Form to be returned to: [email protected]

Councillor Name: ......

Date of Weekly List: w/e Application Ref No:......

Site Address: ......

Proposed Development:......

......

Members should set out the reason for their call-in with regard to material planning considerations and that their call-in is made if Officers are minded to recommend either: (please circle – circle both if the request is for the application to be heard irrespective of the recommendation) GRANT or REFUSE Reason for call-in  To include material planning considerations and relevant development plan policies where possible.  Advice on material planning considerations is available from the Planning Managers  This reason will be set out in the committee report

Please Note: If your reason for seeking a call-in is because you have concerns about aspects of the proposed development, you should consider carefully whether you have predetermined the application or whether you maintain an open mind as to whether planning permission should be granted. If you consider that you have predetermined the application, you cannot sit on the determining committee and can have no further dealings with it. Advice on predetermination and predisposition is available from Council Officers.

78 Appendix 2

3. Specific Delegations – Option A: High Delegation

Power for the Executive Director in charge of Planning & Development Management as follows:

Planning Applications

(i) To determine all Planning matters where the Executive Director considers that, on balance, and after taking into account all material considerations including Human Rights Act issues, the decision would be in compliance overall with national planning policies and guidance, and the policies contained in the Local Plan and any Neighbourhood Plans.

The above power is subject to the following: a) A weekly list being sent to all Members containing details of Planning Applications received. b) The right for a Ward Member in relation to their own or an adjoining Ward and the Chairman of Planning Committee jointly (i.e. if both are in agreement) to require a Planning Application to be referred to and decided by the Planning Committee if the following conditions are met:

• A completed Councillor Call-in form must be submitted to [email protected] within 23 days of the publication of that application on the weekly list requesting the referral of the application to the Committee.

• The request only to have effect if it contains proper planning reasons for consideration by Committee.

• The Chairman of Planning Committee must agree that the proposed referral to the Committee is appropriate. c) Those applications which, in the opinion of the Executive Director and Chairman of Planning Committee, are of particular sensitivity locally can be referred to the Planning committee for determination d) All applications submitted by or on behalf of the Council e) All applications by Members or Officers of the Council (where the Executive Director is aware that the application is by or on behalf of a Member or Officer). f) Chairman's Panel: Officers can consult with the Chairman’s Panel to obtain a view on whether the application can be determined under delegated powers. The Panel is not a decision- making body but it has the power to agree for planning matters that would otherwise have to be referred to the committee to be dealt with under delegated powers if the proposal is not controversial, and (in the view of the Panel) there are no other reasons that it should be heard in a public forum.

The panel can also be used as a consultative body to allow officers to seek a view on whether applications, that would otherwise be dealt with under delegated

79 powers, represent (in the view of the Panel) planning related impacts that would merit the proposal being heard in a public forum.

The Chairman's Panel shall comprise of a minimum of three Planning Committee members (including Substitute Planning Committee members) and include the Chairman of the Planning Committee or (in their absence) the Vice Chairman of the Planning Committee. There is no maximum level of participants but when the panel is convened with an even number of participants, the Chairman would retain the casting vote.

The panel shall be convened on an ad-hoc basis as required. Membership can change dependant on the availability of qualifying Councillors and will be determined through consultation between officers and the Chairman of the Planning Committee (or the Vice Chairman in their absence). The panel can either be consulted through a meeting or via exchange of correspondence. g) The Vice-Chairman of the Planning Committee can exercise the powers of the Chairman in the absence or unavailability of the Chairman.

80 Appendix 3 – Option B: Medium Delegation

3. Specific Delegations

Power for the Executive Director in charge of Planning & Development Management as follows:

Planning Applications

(i) To determine all Planning matters (except where officers are minded to APPROVE Major Applications or Significant Applications as defined below) where the Executive Director considers that, on balance, and after taking into account all material considerations including Human Rights Act issues, the decision would be in compliance overall with national planning policies and guidance, and the policies contained in the Local Plan and any Neighbourhood Plans.

The above power is subject to the following: a) A weekly list being sent to all Members containing details of Planning Applications received. b) The right for a Ward Member in relation to their own or an adjoining Ward and the Chairman of Planning Committee jointly (i.e. if both are in agreement) to require a Planning Application to be referred to and decided by the Planning Committee if the following conditions are met:

• A completed Councillor Call-in form must be submitted to [email protected] within 23 days of the publication of that application on the weekly list requesting the referral of the application to the Committee.

• The request only to have effect if it contains proper planning reasons for consideration by Committee.

• The Chairman of Planning Committee must agree that the proposed referral to the Committee is appropriate. c) “Major Applications” for the purposes of these delegations are defined as those proposals for:

• Applications which incorporate the provision of 10 or more dwellings, but excluding proposals that exceed this threshold and are:

(i) Reserved Matters applications (ii) Applications for Non-Material amendments (iii) Applications for Minor Material amendments (iv) Applications to add, vary or remove planning conditions (v) Proposals to vary or remove planning obligations d) “Significant Applications” will include those which:

• officers may wish to approve which are contrary to policy subject to the agreement of the Chairman’s Panel that they should be determined by Committee • those which, in the opinion of the Executive Director and Chairman of Planning Committee, are of particular sensitivity locally • applications submitted by or on behalf of the Council

81 • all applications by Members or Officers of the Council (where the Executive Director is aware that the application is by or on behalf of a Member or Officer). e) Chairman's Panel:

Officers can consult with the Chairman’s Panel to obtain a view on whether the application can be determined under delegated powers. The Panel is not a decision-making body but it has the power to agree for planning matters that would otherwise have to be referred to the committee to be dealt with under delegated powers if the proposal is not controversial, and (in the view of the Panel) there are no other reasons that it should be heard in a public forum.

The panel can also be used as a consultative body to allow officers to seek a view on whether applications, that would otherwise be dealt with under delegated powers, represent (in the view of the Panel) planning related impacts that would merit the proposal being heard in a public forum.

The Chairman's Panel shall comprise of a minimum of three Planning Committee members (including Substitute Planning Committee members) and include the Chairman of the Planning Committee, or (in their absence) the Vice Chairman of the Planning Committee. There is no maximum level of participants but when the panel is convened with an even number of participants, the Chairman would retain the casting vote.

The panel shall be convened on an ad-hoc basis as required. Membership can change dependant on the availability of qualifying Councillors and will be determined through consultation between officers and the Chairman of the Planning Committee (or the Vice Chairman in their absence). The panel can either be consulted through a meeting or via exchange of correspondence. f) The Vice-Chairman of the Planning Committee can exercise the powers of the Chairman in the absence or unavailability of the Chairman.

82 Appendix 4- Option C: Low Delegation

3. Specific Delegations

` Power for the Executive Director in charge of Planning & Development Management as follows:

Planning Applications (i) To determine all Planning matters (except where officers are minded to APPROVE Major Applications and Significant Applications as defined below) where the Executive Director considers that, on balance, and after taking into account all material considerations including Human Rights Act issues, the decision would be in compliance overall with national planning policies and guidance, and the policies contained in the Local Plan and any Neighbourhood Plans.

The above power is subject to the following: a) A weekly list being sent to all Members containing details of Planning Applications received. b) The right for a Ward Member in relation to their own or an adjoining Ward and the Chairman of Planning Committee jointly (i.e. if both are in agreement) to require a Planning Application to be referred to and decided by the Planning Committee if the following conditions are met:

• A completed Councillor Call-in form must be submitted to [email protected] within 23 days of the publication of that application on the weekly list requesting the referral of the application to the Committee.

• The request only to have effect if it contains proper planning reasons for consideration by Committee.

• The Chairman of Planning Committee must agree that the proposed referral to the Committee is appropriate. c) “Major Applications” for the purposes of these delegations are defined as those proposals for:

• 10 or more dwellings • Residential development on sites of 0.5 hectares or more • The provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more • Development carried out on a site having an area of one hectare or more d) “Significant Applications” will include those which:

• officers may wish to approve which are contrary to policy subject to the agreement of the Chairman’s Panel that they should be determined by Committee • those which, in the opinion of the Executive Director and Chairman of Planning Committee, are of particular sensitivity locally • applications submitted by the Council • all applications by Members or Officers of the Council (where the Executive Director is aware that the application is by or on behalf of a Member or Officer).

83 e) Chairman's Panel:

Officers can consult with the Chairman’s Panel to obtain a view on whether the application can be determined under delegated powers. The Panel is not a decision-making body but it has the power to agree for planning matters that would otherwise have to be referred to the committee to be dealt with under delegated powers if the proposal is not controversial, and (in the view of the Panel) there are no other reasons that it should be heard in a public forum.

The panel can also be used as a consultative body to allow officers to seek a view on whether applications, that would otherwise be dealt with under delegated powers, represent (in the view of the Panel) planning related impacts that would merit the proposal being heard in a public forum.

The Chairman's Panel shall comprise of a minimum of three Planning Committee members (including Substitute Planning Committee members) and include the Chairman of the Planning Committee, or (in their absence) the Vice Chairman of the Planning Committee. There is no maximum level of participants but when the panel is convened with an even number of participants, the Chairman would retain the casting vote.

The panel shall be convened on an ad-hoc basis as required. Membership can change dependant on the availability of qualifying Councillors and will be determined through consultation between officers and the Chairman of the Planning Committee (or the Vice Chairman in their absence). The panel can either be consulted through a meeting or via exchange of correspondence. f) The Vice-Chairman of the Planning Committee can exercise the powers of the Chairman in the absence or unavailability of the Chairman.

IMPLICATIONS

In preparing this report, the report author has considered the likely implications of the decision - particularly in terms of Carbon Footprint / Environmental Issues; Constitutional & Legal; Contracts; Corporate Priorities; Crime & Disorder; Data Protection; Equality & Diversity/Human Rights; Financial; Health & Wellbeing; Reputation; Risk Management; Safeguarding; Staffing; Stakeholders/Consultation/Timescales; Other.

84 BRECKLAND COUNCIL - PLANNING COMMITTEE – 08 April 2019: SCHEDULE OF DEFERRED APPLICATIONS

REFERENCE AND DETAILS OF APPLICATIONS MEETING RECOMMENDATION REASON FOR DATE FIRST DEFERMENT EXPECTED REPORTED TO TO RETURN TO COMMITTEE 3PL/2010/1361/F: DEREHAM: Land East of 01/09/2014 Approval For further information tbc Yaxham Road, South of Dumpling Green: Erection of 255 dwellings with associated open space 3PL/2018/0795/F: North Pickenham: Land adjacent To allow for a site visit to tbc 14/01/19 Approval to The Blue Lion, Houghton Lane take place

3PL/2018/1392/D: : Plot south of 8 Little This item, although included tbc 11/01/19 Approval Hockham Lane on the agenda, was deferred at the meeting and was not discussed 85 Agenda Item 9 BRECKLAND COUNCILAgenda - PLANNINGItem 9a COMMITTEE - 8th April 2019

ITEM: RECOMMENDATION: APPROVAL REF NO: 3PL/2018/0795/F CASE OFFICER Naomi Minto

LOCATION: NORTH PICKENHAM APPNTYPE: Full Land adjacent to The Blue Lion POLICY: Out Settlemnt Bndry Houghton Lane North Pickenham ALLOCATION: N CONS AREA: N

APPLICANT: Mr Crossley Eccles LB GRADE: Adjacent Grade 2 Care of Agent AGENT: EJW Planning Limited TPO: N Lincoln Barn Norwich Road PROPOSAL: Construction of single detached dwelling and access to Houghton Lane

DEFERRED REASON The application was deferred at Planning Committee in January 2019 to enable Members to conduct a site visit. This is scheduled to take place on 1 April 2019.

REASON FOR COMMITTEE CONSIDERATION The application is referred to Committee as the site falls outside of the settlement boundary and is therefore contrary to policy.

KEY ISSUES - Principle of development - Design and impact on setting of listed buildings. - Amenity impact - Highway safety and parking - Impact on trees - Ecology

DESCRIPTION OF DEVELOPMENT The application seeks full planning permission for the erection of a detached, two-storey, gable ended four bedroom dwelling with a detached double garage. The proposal also includes the creation of a new access way onto Houghton Lane. Materials proposed to be used include timber panelled doors and timber frame windows, grey slates on the roof and red facing bricks and blue/grey decorative bricks for the walls.

SITE AND LOCATION The application site is a plot of overgrown land that is situated outside, although adjacent to the Settlement Boundary of North Pickenham. To the north east of the site is a Grade II* Listed church and to the west of

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 86 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 the site is a Grade II Listed public house.

EIA REQUIRED No

RELEVANT SITE HISTORY

3PL/2001/1485/O Refusal 29-01-02 Erection of detached house 3PL/2007/1344/F Withdrawn 18-12-07 Erection of one 4 bedroom detached dwelling with integrated garage. New vehicular & pedestrian access 3PL/2007/1385/LB Withdrawn 18-12-07 Four bedroom detached house with integrated garage 3PL/2008/0385/F Refusal 30-04-08 Erection of 4 bedroom detached dwelling with integral garage 3PL/2008/0391/LB Refusal 30-04-08 Erection of 4 bedroom detached property with integral garage within the curtilage of listed building 3PL/2012/0593/F Refusal 23-10-12 Erection of new house with detached double garage and associated external works

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.01 Housing CP.10 Natural Environment DC.01 Protection of Amenity DC.02 Principles of New Housing DC.12 Trees and Landscape DC.16 Design DC.17 Historic Environment DC.19 Parking Provision LBC Planning(Listed Building & Conservation Areas) Act 1990 NPPF National Planning Policy Framework NPPG National Planning Practice Guidance SS1 Spatial Strategy

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CONSULTATIONS

NORTH PICKENHAM P C Objection - no change from previous refusal. NORFOLK COUNTY COUNCIL HIGHWAYS No objection, subject to conditions. ECOLOGICAL AND BIODIVERSITY CONSULTANT No objection, subject to conditions. HISTORIC BUILDINGS CONSULTANT No objection, subject to conditions. CONTAMINATED LAND OFFICER No objection, subject to conditions. TREE AND COUNTRYSIDE CONSULTANT Objection - The attached drawing shows work within the root protection area (RPA) of retained trees which does not appear to have been addressed within the supplied report. In addition the RPAs have not taken into account rooting conditions. The historic compacted track to the east of the trees is unlikely to be providing favourable conditions for tree roots and therefore the RPA should be adjusted to reflect this. Taking this into account it is likely that the proposed dwelling will have a greater impact than is shown. Trees located on the eastern and northern boundary are likely to cause post development issues, apprehension to future occupiers, leaf drop and shading are all common problems when dwellings are positioned too close to trees. I would consider that there would be future, justifiable pressure from occupants to either heavily prune or remove trees which would be undesirable. It should also be noted that trees outside the site boundary are subject to TPO. NATIONAL GRID No objection HISTORIC ENGLAND No objection. ENVIRONMENTAL HEALTH OFFICERS No objection, subject to conditions.

REPRESENTATIONS A Site Notice was erected on 8 August 2018 and eight neighbours were consulted. Twenty eight representations were received raising the following main points of concern;

- Impact on deliveries at the adjacent public house - Impact on trade at the adjacent public house - Impact on the setting of listed buildings (the nearby public house and church)

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- Impact on views, including of the church - Foul water drainage - Surface water drainage - Loss of open space in the village / impact on character of the area - Highway safety, traffic and parking - Residential amenity - Unsympathetic design of the proposal.

Comments were also received regarding the need to take archaeology and tree preservation into account.

ASSESSMENT NOTES 1.0 Principle of development

1.1 It is recognised that the site lies outside, albeit adjacent to the Settlement Boundary of North Pickenham. For this reason the proposal conflicts with the principle of Policies SS1, DC2, CP1 and CP14 of the adopted Core Strategy.

1.2 Paragraph 11 and footnote 7 of the revised National Planning Policy Framework (NPPF) states that where an authority does not have an up to date five year housing land supply (at present the district has 4.77 years), the relevant development plan policies for the supply of housing should not be considered up to date and therefore housing applications should be considered in the context of the presumption in favour of sustainable development.

1.3 The Government defines sustainable development as having three overarching objectives:-

- economic, in terms of building a strong economy and in particular by ensuring that sufficient land of the right type is available in the right places and at the right time;

- social, by supporting strong, vibrant and healthy communities by providing the supply of housing required to meet future need in a high quality environment with accessible local services, and;

- environmental, through the protection and enhancement of the natural, built and historic environment.

1.4 Paragraph 8 of the NPPF stresses that these three overarching objectives are interdependent and need to be pursued in mutually supportive ways. Therefore, a balanced assessment against these three objectives is required.

1.5 In terms of the economic and social criteria, the proposed dwelling would provide one additional dwelling and would, therefore, make a positive, albeit very small, contribution to the housing supply and longer-term economic benefits through the additional household spend within the wider area that would be generated by the provision of one dwelling. North Pickenham has limited facilities (St. Andrew's Church, The Blue Lion Public House and a playing field with equipped children's play area).

1.6 A bus stop is located in close proximity of the site at the junction between The Street and Houghton Lane and is served by West Norfolk Community Transport. It provides a limited service between North Pickenham and Swaffham 6 days per week. The earliest bus leaving North Pickenham midweek is scheduled at 10:49 and the latest available bus leaving Swaffham midweek is scheduled at 14:26. A Saturday service is also offered with the earliest scheduled bus out of North Pickenham at 09:00 and the latest return bus from

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Swaffham scheduled at 11:34. On that basis, it is considered that the bus service available is unlikely to meet the needs of children travelling to and from school and commuters to and from work. It would appear that the service is geared towards retired people. That said, the service does offer some opportunity for residents to use public transport.

1.7 The next nearest settlement, which provides additional facilities to meet the needs of the local community is Necton (approximately 2.6 miles away) which provides a primary school, shop, post office, public house, village hall and doctor's surgery. In addition, the market town of Swaffham is located under 4 miles away and provides a wider range of facilities and services that could meet day-to-day needs.

1.8 Paragraph 78 of the revised NPPF encourages housing in rural areas where it will enhance or maintain the vitality of rural communities, for example, development in one village may support the services of a nearby village. As discussed above, Necton and Swaffham have a wider range of services and facilities and would require relatively short car trips / bus journeys to access. Furthermore, the NPPF aims to avoid isolated homes in the countryside and recognises that opportunities to maximise sustainable transport solutions will vary from urban to rural areas. Whilst it is acknowledged that future residents would likely rely on the use of private car for their daily needs, it is considered that the proposal would not result in an isolated new home. It would represent infill and provides potential for future occupants to support services and facilities in nearby villages/towns, therefore supporting rural communities to prosper.

1.9 In terms of the environmental objective, the site is located adjacent to the settlement boundary of North Pickenham on a plot of land that previously formed the curtilage of The Blue Lion Public House. Residential development borders the site to the east and south, whilst the public house is located to the west and St. Andrew's Church to the north. It is therefore considered that the site represents an infill plot and if developed sensitively would not appear out of character with the area, having regard to Policy CP11 of the adopted Core Strategy. Therefore, on balance, it is considered acceptable in environmental terms.

1.10 Annex 2: Glossary of the NPPF (2018) states that in order to be considered deliverable, sites for housing should be available now, offer a suitable location for development now, and be achievable with a realistic prospect that housing will be delivered on the site within five years. It is considered appropriate to impose a two year period for commencement of development in order to reaffirm the deliverability of the development. This could be achieved through the inclusion of a suitable condition.

1.11 Notwithstanding that the site lies outside, albeit adjacent to, the defined settlement boundary of North Pickenham, the proposed dwelling would not have an adverse impact on the character and appearance of Houghton Lane as it would be set back from the road. The proposed dwelling could therefore be sited in this location without having a detrimental impact due to the infill nature of the site.

2.0 Design and impact on setting of listed buildings.

2.1 The Town and Country Planning (Listed Building and Conservation Areas) Act 1990 requires the determining authority to have special regard to the desirability of preserving a listed building or its setting. The application site is located between St Andrew's Church (grade II* listed) and the Blue Lion public house (grade II listed). The impact of the proposal on the setting of these two listed buildings, and in particular the church, requires careful consideration.

2.2 The Historic Buildings Consultant was consulted as part of the application process and advised that notwithstanding the Appeal decisions on previous applications relating to development of the site, the existence of trees to the south of the church have provided a screen for a considerable amount of time (since at least 1946, according to historic photographs). Consequently, The Historic Buildings Consultant considers

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 90 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 that the site could be developed without having a harmful impact on the setting of the listed church. However, additional screening between the two should be augmented and the design of the proposed dwelling should aim to compliment the existing C.19th group of buildings to the south of the church. In addition, the Historic Buildings Consultant advised that appropriate development of the site would not be harmful to the setting of the Blue Lion public house. A condition relating to proposed boundary treatment could be added to any forthcoming planning permission to further protect the setting of the two listed buildings.

2.3 Objection was raised by the Historic Buildings Officer to the original design of the dwelling. However, following the submission of an amended design, the Historic Buildings Officer withdrew their objection, subject to the inclusion of a suitably worded condition relating to external materials. On this basis, it is considered that the proposal would not adversely impact upon the setting, appearance or historic fabric of the adjacent listed buildings. Therefore, the proposal is considered to be in accordance with the Town and Country Planning (Listed Building and Conservation Area) Act 1990, as well as the revised NPPF and Policy DC17 of the adopted Core Strategy.

3.0 Amenity impact

3.1 Policy DC1 of the adopted Core Strategy seeks to protect residential amenity of existing and future residents. The amended layout plan submitted during the application process shows that a dwelling could fit on the site with sufficient external amenity space, parking provision and vehicle manoeuvrability. In addition, the layout plan has been altered so that windows on the first floor facing the public house (north west elevation) only serve the staircase, bathroom and en-suite to the master bedroom. This will help alleviate the impact of noise transfer resulting from the public house use, which currently opens between Thursday and Sunday each week.

3.2 Given the proximity of the proposed dwelling adjacent to a public house, Environmental Health were consulted as part of the application process and whilst they did not object to the proposal, they acknowledged that future occupants may be adversely affected by legitimate activities of the public house, such as smoking and talking outside and events in the beer garden. On that basis they recommended a condition with any forthcoming planning permission, requiring the applicant to submit a scheme to the Local Planning Authority that includes protection to the amenity of future occupants in respect of the garden areas of the proposed dwelling. Since Environmental Health last commented on the application, a revised layout plan has been submitted. Environmental Health have therefore been re-consulted due to the proposed dwelling being located closer to the existing public house by approximately 1.2 metres.

3.3 In terms of the amenity of existing residents located nearby, it is considered that the relationship of the development to neighbouring dwellings and private open space is such that visual dominance, loss of light, overlooking and overshadowing impacts all fall within acceptable parameters. It is concluded that the proposal will maintain an acceptable level of residential amenity for neighbouring occupants, consistent with Policy DC1 of the adopted Core Strategy.

4.0 Highway safety and parking

4.1 Policy DC19 of the adopted Core Strategy requires the provision of car parking to accord with local parking standards. The plans submitted with the application demonstrate that sufficient parking and turning can be provided on site. On this basis, the application accords with Policy DC19.

4.2 As part of the application process Norfolk County Council Highways were consulted and requested the submission of a revised drawing showing widening and extension of the proposed footway. Following receipt

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 91 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 of this, no objection was raised, subject to the inclusion of conditions. The application is therefore considered to accord with the requirements of Policy CP4 of the adopted Core Strategy and the revised NPPF.

5.0 Impact on trees

5.1 The Tree and Countryside Officer has provided several comments on this application, raising concern in respect of the impact of the dwelling on the Root Protection Area of existing trees, some of which are protected by Tree Preservation Orders (TPOs). The Tree Officer advised that the re-location of the proposed dwelling or reduction in its footprint would reduce the impact on the RPA of existing trees. The applicant has therefore altered the siting of the proposed dwelling to address the Tree and Countryside Consultant's concerns and submitted amended plans. The Tree and Countryside Consultant has been re-consulted and their response is awaited. However, the amended plans indicate that the dwelling will not impact the RPA of existing trees, including those subject to TPOs and therefore the amended proposal would appear to be in accordance with Policy DC12 of the adopted Core Strategy and the requirements of the NPPF (2018).

6.0 Ecology

6.1 The Natural Environment Team referenced the supporting Preliminary Ecological Appraisal that has been submitted in support of the application. They noted that a tree identified as T8, which is understood to have bat roost potential, requires removal. On that basis, the Natural Environment Team asked for a further bat survey to be undertaken or a climbed inspection in respect of tree T8 and the findings submitted to the Local Planning Authority, prior to a decision on the application being made. Additional information was received and the Natural Environment Team were re-consulted. No objection was raised, subject to the inclusion of conditions. The application is therefore considered to be in accordance with Policy CP10 of the adopted Core Strategy and the revised NPPF.

7.0 Conclusion

7.1 Taking into account the overall planning balance of the scheme and subject to the Tree and Countryside Consultant withdrawing their objection and no objection being raised by Environmental Health, the proposal would represent a sustainable form of development in line with local and national adopted policy. It is therefore recommended for approval, subject to no objection from the Tree and Countryside Consultant and Environmental Health, following receipt of revised plans and a re-consultation.

RECOMMENDATION Subject to no adverse comments from the Tree and Countryside Consultant and Environmental Health, following a re-consultation in respect of amended plans, the application is recommended for approval.

CONDITIONS 1 Full Permission Time Limit (2 years) The development must be begun not later than the expiration of TWO YEARS beginning with the date of this permission. Reason for condition:- As required by section 91 of the Town & Country Planning Act 1990 (as amended) and to ensure the deliverability of the scheme to contribute to the five year housing land supply. 2 In accordance with submitted plans NEW 2017

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The development must be carried out in strict accordance with the application form, and approved documents and drawings as set out in the table at the end of this notice. Reason for condition:- To ensure the satisfactory development of the site. 3 External materials and samples to be approved Prior to the commencement of any works above slab level details and samples of all external materials to be used shall be submitted to and approved in writing by the Local Planning Authority, and this condition shall apply notwithstanding any indication as to these matters which have been given in the current application. Only such agreed materials shall be used in connection with this approval. Reason for condition:- To ensure the satisfactory appearance of the development, in accordance with Policy DC 1 and DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 4 Non standard environmental restriction Prior to works above slab level of the development, a scheme for protecting the proposed residential development from noise from the adjacent public house shall be submitted and approved in writing by the Local Planning Authority. The scheme shall include protection to amenity and garden areas and should not rely on the requirement to close windows. All works which form part of the scheme shall be completed before the property is occupied.

Reason for condition:- in the interests of the amenity of future occupants of the proposed residential development, in accordance with Policy DC1 of the adopted Core Strategy and the revised NPPF. 5 Contaminated Land - Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with details to be agreed in writing with the Local Planning Authority. Where remediation is necessary, a remediation scheme must be submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report shall be submitted to and approved in writing by the Local Planning Authority.

Reason for condition: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. This condition will require to be discharged 6 Non-standard condition The development works hereby permitted must proceed in accordance with the mitigation measures outlined in section 8 of the Preliminary Ecological Appraisal report (Eco-Check Consultancy Ltd; June 2018) including but not limited to the re-inspection of T7 and T8 prior to any arboricultural works on these trees.

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Reasons for condition:- In accordance with Policy CP10 of the adopted Core Strategy and the revised NPPF. 7 Non-standard condition The development works hereby permitted must proceed in accordance with the enhancement measures outlined in section 9 of the Preliminary Ecological Appraisal report (Eco-Check Consultancy Ltd; June 2018), including at least three bird boxes and three bat boxes.

Reason for condition:- In accordance with Policy CP10 of the adopted Core Strategy and the revised NPPF. 8 New access (over verge/ditch/watercourse/footway) Prior to the first occupation of the development hereby permitted the vehicular access shall be constructed in accordance with a detailed scheme to be agreed in writing with the Local Planning Authority in accordance with the highways specification TRAD 1 and thereafter retained at the position shown on the approved plan. Arrangement shall be made for surface water drainage to be intercepted and disposal of separately so that it does not discharge from or onto the highway. Reason: To ensure construction of a satisfactory access and to avoid carriage of extraneous material or surface water from or onto the highway in the interests of highway safety. This condition will require to be discharged 9 Boundary screening to be agreed Prior to the occupation of the development hereby approved, a scheme for the provision of boundary screening, shall be submitted to the Local Planning Authority for approval. Such scheme as may be agreed shall be completed prior to the occupation of the development which the screening adjoins to the satisfaction of the Local Planning Authority. Reason for condition:- To safeguard the interests of the amenities of neighbouring occupiers and to ensure the satisfactory appearance of the development, in accordance with Policy DC 1 and DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 10 Access - combined, configuration and gates/bollards Any access gates/bollard/chain/other means of obstruction shall be hung to open inwards, set back, and thereafter retained a minimum distance of 5 metres from the near channel edge of the adjacent carriageway. Any sidewalls/fences/hedges adjacent to the access shall be splayed at an angle of 45 degrees from each of the outside gateposts to the front boundary of the site. Reason: In the interests of highway safety enabling vehicles to safely draw off the highway before the gates/obstruction is opened. This condition will require to be discharged 11 Provision of visibility splays - condition/approved plan Prior to the first occupation/use of the development hereby permitted a 2.4 metre wide parallel visibility splay (as measured back from the near edge of the adjacent highway

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carriageway) shall be provided across the whole of the site's roadside frontage. The splay(s) shall thereafter be maintained at all times free from any obstruction exceeding 0.6 metres above the level of the adjacent highway carriageway. Reason for condition:- In the interests of highway safety in accordance with the principles of the NPPF. This condition will require to be discharged 12 Provision of parking and servicing areas Prior to the first occupation of the development hereby permitted the proposed access parking and turning area shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and retained thereafter available for that specific use. Reason for condition:- To ensure the permanent availability of the parking/ manoeuvring areas, in the interests of satisfactory development and highway safety. This condition will require to be discharged 13 Highway improvements - off-site Notwithstanding the details indicated on the submitted drawings no works above slab level shall commence on site unless otherwise agreed in writing until detailed drawings for the off- site highway improvement works as indicated on Drawing No.NS-4146-110 have been submitted to and approved in writing by the Local Planning Authority. Reason for condition: To ensure that the highway improvement works are designed to an appropriate standard in the interest of highway safety and to protect the environment of the local highway corridor. 14 Highway improvements - off-site Prior to the first occupation/use of the development hereby permitted the off-site highway improvement works referred to in condition 13 shall be completed to the written satisfaction of the Local Planning Authority.

Reason for condition: To ensure that the highway network is adequate to cater for the development proposed. This condition will require to be discharged 15 No PD for classes A B C D & E Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) (with or without modification), no extensions, roof alterations, porches or ancillary buildings as defined within Classes A, B, C, D and E of Part 1 of Schedule 2 of that Order shall be erected or brought onto the land unless an appropriate planning application is first submitted to and approved by the Local Planning Authority. Reason for condition:- In the interests of the satisfactory appearance of the development and/or the amenities of adjoining residents in accordance with Policy DC1 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 95 BRECKLAND COUNCILAgenda Item- PLANNING 10a COMMITTEE - 8th April 2019

ITEM: RECOMMENDATION: APPROVAL REF NO: 3PL/2019/0159/F CASE OFFICER Rebecca Collins

LOCATION: ATTLEBOROUGH APPNTYPE: Full Attleborough Academy 9 Norwich Road POLICY: In Settlemnt Bndry Attleborough ALLOCATION: N CONS AREA: N

APPLICANT: Eco Modular Buildings. LB GRADE: N C/O Agent AGENT: DPP UK LTD TPO: N DPP Planning Second Floor PROPOSAL: The demolition of 4 existing mobile teaching blocks and replacement 2 storey modular block and fencing

REASON FOR COMMITTEE CONSIDERATION The application is, as defined by the scheme of delegation, a major planning application and is therefore referred to Planning Committee for this reason.

KEY ISSUES Principle of development Character of area Amenity of neighbouring properties Access and Highway Safety Other matters

DESCRIPTION OF DEVELOPMENT The demolition of 4 existing mobile teaching blocks and replacement 2 storey modular block and fencing.

SITE AND LOCATION The application site is located to the north-west of Norwich Road, Attleborough in the grounds of the existing Attleborough Academy. The application site currently contains four modular buildings, of single storey scale, which are in poor condition and no longer suitable for use.

Access to the site is off Norwich Road, adjacent to the proposed development, with approximately 1.5 metre high post fencing and trees behind. There is a strong dense hedgerow approximately 1.5m high along the boundary of the site with trees behind.

The construction of the existing main school building is of brickwork walls with pitched roofing. The existing modular buildings to be replaced are made up of panelled walls with a flat roof. The windows and doors are

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 96 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 painted timber.

The wider street scene comprises mainly of large two-storey buildings, to the north largely residential with a mix of uses located to the south.

EIA REQUIRED No

RELEVANT SITE HISTORY No relevant site history

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.06 Green Infrastructure DC.01 Protection of Amenity DC.12 Trees and Landscape DC.13 Flood Risk DC.16 Design DC.19 Parking Provision NP Neighbourhood Plan NPPF National Planning Policy Framework NPPG National Planning Practice Guidance

OBLIGATIONS/CIL Not Applicable

CONSULTATIONS

ATTLEBOROUGH TC Approve. NORFOLK COUNTY COUNCIL HIGHWAYS The applicants seek to replace four existing modular buildings , currently housed at the same location, with a single building albeit with an additional 232m2 gross floor area. The proposal will not affect existing parking facilities, which we are advised provide sufficient capacity to meet demand, and no alterations to the existing pedestrian and vehicular access arrangements from Norwich Road are proposed. We are further advised that there are no proposals to increase pupil numbers as a result of the replacement building which is

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 97 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 intended to provide " healthier teaching spaces" On the basis of that information I would not wish to raise an objection in principle. My only concern is the loss of parking during construction. Had construction been restricted to the school holiday this would not have been an issue but I need to have details of where the displaced staff and visitor parking will be accommodated for the avoidance of doubt. Please will you obtain this information for consideration. ECOLOGICAL AND BIODIVERSITY CONSULTANT A single common beech tree and additional smaller tree species will be removed under current proposals and demolition of four existing school buildings. No bat roosts were identified. Enhancement measures need to be incorporated into the site design in-line with paragraph 170 of the NPPF. If you are minded to approve this application, we recommend that you condition the mitigation measures in the Preliminary Ecological Appraisal and for a biodiversity enhancement plan to be submitted. CONTAMINATED LAND OFFICER No objection subject to a condition with regards to unexpected contamination. TREE AND COUNTRYSIDE CONSULTANT No objection to the proposal. The loss of 2 Hornbeam trees is unfortunate, although it is considered that there is sufficient space for mitigation planting within the development site. At present there do not appear to be any planting proposals, and would request that a landscaping plan to provide replacement trees is provided. HISTORIC BUILDINGS CONSULTANT No objection. FLOOD & WATER MANAGEMENT TEAM Having reviewed the application as submitted, it appears that this development would be classed as minor development. The Local Planning Authority would be responsible for assessing the suitability for any surface water drainage proposal for minor development in line with National Planning Policy Framework (NPPF).

BUCKENHAM AVIATION CENTRE LTD No Comments Received ANGLIAN WATER SERVICE No Comments Received CRIME REDUCTION & ARCHITECTURAL LIAISON No Comments Received OFFICER

REPRESENTATIONS None

ASSESSMENT NOTES 1.0 Principle of development

1.1 The applicant site is located within the town boundary of Attleborough, within the curtalidge of the existing Attleborough Academy but outside of the Primary and Secondary shopping areas for the town centre. The proposal is to replace existing modular buildings, which are unsightly, in poor condition and no longer suitable for use. Therefore, for these reasons the principle of development in this location is established.

2.0 Character of area

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2.1 Policy 12 of the NPPF and DC16 of the Core Strategy seek to achieve a high quality design. The character of the area is currently, green, well landscaped, with relatively low laying buildings set back from the Highway. This proposal is to remove the existing single storey modular buildings, which although unsightly on entrance to the site have a limited impact on the street scene due to their single storey nature and existing landscaping and replace them with a two storey building fit for purpose to serve the current needs of the Academy. Although, the proposal remains fairly well set back from the footway off Norwich Road, to the front of the site, the proposed building is likely to be more prominent in the street scene than the current arrangements. However, the existing trees and hedgerow along the front of the site are proposed to be retained, along with current access and parking arrangements.

2.2 The proposal design of the building is for a building of modern appearance to provide School entrance, Drama studio, Art Classrooms and SEN teaching unit. The proposed building is two storey, replacing the existing single storey unsightly modular buildings. The external walls are proposed to be clad coloured steel grey, dark denim and cyclam (Satin Finish). Wall trims are mill finished aluminium angles to match. The plinth for the building will be a self-coloured cementitious board up to 150mm above ground level. Polyester powder-coated Aluminium windows will be utilised, also coloured grey. The building has large windows to provide views and good levels of daylight and fenestration in the street scene. The external flat roof is of a composite construction having an upper skin of a dark grey single ply finish.

2.3 Although, having greater prominence in the street scene, part of the proposal is to provide a new entrance to the school, at two-stories the proposal is not considered out of character with existing development in the immediate area and street scene, and subject to the use of the appropriate materials, as set out above, which can be conditioned, then the development, although modern, will retain the open frontage of the site and is not considered out of character with the area or the street scene and will remove existing unsightly buildings and create a real entrance to the site. The proposals is therefore considered in accordance with Policy DC16 of the Breckland Core Strategy and Policy 12 of the NPPF.

3.0 Amenity of neighbouring properties

3.1 Policy DC1 of the Core Strategy seeks all new development to protect the amenity of the area, neighbouring and future occupants. The proposal is sufficiently distanced from neighbouring properties so as not to impact their amenity and therefore the proposal is considered in accordance with Policy DC1 of the Breckland Core Strategy.

4.0 Access and Highway Safety

4.1 The highways authority has no objections to the proposal on the grounds of highway safety or car parking, once constructed as the applicants are seeking to replace four existing modular buildings, currently housed at the same location, with a single building, albeit with an additional 232m2 gross floor area. The proposal will not affect existing parking facilities, which the applicants have advised provide sufficient capacity to meet demand, and no alterations to the existing pedestrian and vehicular access arrangements from Norwich Road are proposed. There are no proposals to increase pupil numbers as a result of the replacement building which is intended to provide "healthier teaching spaces", as described by the applicants.

4.2 Despite this, the Highways Authority did raise concerns with regards to the location of staff and other car parking during construction. The applicants have provided details of the a Construction Management Plan (CMP) to ensure safe construction and use of the site during this period, this could be conditioned as part of any subsequent approval. However, it sets out use of existing car parking to the front (north-west) of the site

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4.3 Subject to this matter being satisfactorily addressed then the proposal is not considered to impact highway safety and provides sufficient car parking in accordance with the aims of the NPPF and Policy DC19 of the NPPF.

5.0 Heritage Assets

5.1 Policy 16 of the NPPF, DC17 of the Core Strategy and Sections 16 and 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, seek to protect the special interest and significance of heritage assets/Listed Buildings and their settings. Policy 16 of the NPPF and Section 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990, requires the setting of conversation areas to be preserved and enhanced.

5.2 The wider school site lies outside of but abutting the Attleborough Conservation Area and the Grade I Listed St Marys Church also lies to the south of the site. There are other Listed Buildings to the south-west of the application site including the Grade II Listed Griffin Hotel and numbers 8-10 Church Street, however, these are considered to have much more immediate settings, given their use and location, separate from the applicant site and therefore their significance and setting is not considered to be impacted by the proposals.

5.3 The proposed building by nature of being set back from the Highway and its located outside of the Conservation Area is unlikely to interrupt key views into the conservation area or towards the Church and for these reasons is unlikely to cause significant harm to their setting, character or appearance, despite its modern appearance and flat roof nature. That said, any moderate harm to the significance of the Conservation Area and the Church would be outweighed by the public benefit of providing 'healthier' teaching and supporting the existing Academy. The proposal is therefore considered in accordance with Policy 16 of the NPPF, DC17 of the Core Strategy and Sections 16, 66 and 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

6.0 Other matters

6.1 Flood risk and drainage Policy 14 of the NPPF requires seeks to direct new development away from areas at highest risk of flooding and for new development to not increase flood risk elsewhere. The site lies in flood zone 1, at least risk of flooding. The LLFA have raised no objections to the proposals and the applicants have submitted a flood risk assessment which states the site is only identified at potential risk of groundwater flooding, The proposed development can provide safe access and egress during an extreme flood event and surface water can be managed by the use of SuDS. Subject to conditions with regards to the proposed mitigation measures and SUDs, as outlined in the FRA, then the proposal is considered in accordance with Policy 14 of the NPPF.

6.2 Ecology Policy 15 of the NPPF seeks for new development to preserve and enhance biodiversity. The applicants have submitted ecology and bat information. Natural England and the Council's ecologist have been consulted in this regard. Natural Englands response is awaited. However, our ecdologist are content that the proposals would not have a negative impact on ecology, subject to the imposition of a suitably worded condition to ensure mitigation measures, as suggested are imposed and a biodiversity enhancement plan is submitted. These conditions are proposed.

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6.3 Trees The retention of trees and hedgerows is supported by Policy DC12 of the Core Strategy. There are trees and a dense hedgerow to the frontage of the site. The Tree Officer has reviewed the proposals and although the loss of 2 Hornbeam trees is considered unfortunate, it is considered that there is sufficient space for mitigation planting within the development site. Subject to the provision of further details in this regard, the proposal is considered acceptable and in accordance with Policy DC12 of the Core Strategy, subject to a condition.

7.0 Conclusion

7.1 The principle of development is established, given the sites location within the settlement boundary of Attleborough. The proposal is considered to have an acceptable impact on the character of the area, the setting and significance of nearby heritage assets, highway safety and the amenity of neighbouring properties. The proposal is considered acceptable in all other aspects and is therefore recommended for approval, subject to the imposition of conditions.

RECOMMENDATION The proposal is therefore recommended for approval, subject to conditions, as listed below.

CONDITIONS 3 Full Permission Time Limit (3 years) The development must be begun not later that the expiration of THREE YEARS beginning with the date of this permission. Reason for Condition:- As required by section 91 of the Town and Country Planning Act 1990. 4 In accordance with submitted plans NEW 2017 The development must be carried out in strict accordance with the application form, and approved documents and drawings as set out in the table at the end of this notice. Reason for condition:- To ensure the satisfactory development of the site. 5 Trees/hedges to be retained Other then those shown to be removed in the submitted information, the existing trees/hedges on the site shall be retained. Should any die or be removed without the written consent of the Local Planning Authority, they shall be replaced during the next planting season with a tree(s) or hedging of a species, size and in the same location to the satisfaction and written agreement of the Local Planning Authority. Reason for condition:- In the interests of the satisfactory appearance of the development in accordance with Policies DC12 and DC16 of the Core Strategy. 6 Indicated landscaping to be implemented Prior to works progressing above slab level, a plan shall be submitted to and approved in writing by the local planning authority showing the location of new trees, in addition details of species and size of trees shall be provided. During the first planting season following first use of the building hereby approved, the approved trees shall be planted. In the event the trees die or are removed within 5 years of being planted, replacement trees of the same size

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and species shall be planted, unless otherwise first agreed in writing by the local planning authority. Reason for condition:- In the interests of the satisfactory appearance of the development. 7 Fencing protection for existing trees Prior to the commencement of any work on the site, all existing trees shall be protected by the erection of Tree Protection Fencing. This fencing shall be retained throughout the period of the development and at all times when works (as defined below) are being carried out on the site. For the purposes of this condition "work" shall include the storage of plant, materials, site huts or the use of any machinery either for preparatory site work or construction itself. "Trees" shall refer to all trees both on and adjacent to the site. Protective fencing shall be constructed and maintained in accordance with BS5837:2012 and the Council's document Practice Note: Construction and Maintenance of Tree Protection Fencing, which is available to download from the Council's website. Reason for condition:- The works are required to be undertaken prior to the commencement of the development in order to safeguard the protection of trees from the outset of the development, in accordance with Policy DC 12 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009 8 Full details of external lighting Prior to the occupation of the development hereby permitted details of the external lighting to the site shall be agreed in writing with the Local Planning Authority, and only lighting so agreed shall be installed on the site. Such lighting shall be kept to a minimum for the purposes of security and site safety, and shall prevent upward and outward light radiation. Reason for condition:- In the interests of amenity. This condition will require to be discharged 9 No permanent external lighting without prior agreement No permanent external lighting shall be erected on the site unless full details of its design, location, orientation and power have first been submitted to and approved in writing by the Local Planning Authority. Reason for condition:- In the interests of visual amenity and to minimise unnecessary light spillage above and outside the development site and to protect the significance of heritage assets in accordance with Policy 16 of the NPPF and DC16 and DC17 of the Core Strategy. 10 Non-standard highways condition 11 Non-standard drainage condition The development hereby approved shall proceed only in accordance with the mitigation measures as set out in the submitted Flood Risk Assessment prepared by Plowman Craven dated January 2019 and received on 13/02/2019, unless otherwise first agreed in writing by the Local Planning Authority. Reason for condition:- To ensure that the development does not include flood risk elsewhere in accordance with Policy 14 of the NPPF.

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12 CMP The development shall be undertaken in accordance with the details contained within the submitted Construction Management Plan dated 01/12/2018 and received on 13/02/2019, unless otherwise first agreed in writing by the Local Planning Authority. Reason for condition:- To protect the amenity of neighbouring properties and highway safety in accordance with the principles of the NPPF and policy DC1 of the Core Strategy. 13 External materials as approved The development hereby permitted shall be constructed using the materials specified on the planning application form and submitted drawings, unless otherwise first agreed in writing by the Local Planning Authority. Reason for condition:- To enable the Local Planning Authority to ensure the satisfactory appearance of the development, as required by policies DC 1 & DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 14 Ecology mitigation The development hereby approved shall proceed in-line with the mitigation measures outlined in section 5 of the submitted Preliminary Ecological Appraisal report (The Environment Partnership; February 2018) received on 13/02/2019. Reason for condition:- To protect and enhance ecology in accordance with Policy 15 of the NPPF. 15 non standard condition Prior to the commencement of development, other than the removal and demolition of the existing buildings, as proposed, a biodiversity enhancement plan shall be submitted and approved in writing by the local planning authority, detailing the enhancement measures for biodiversity on site. The biodiversity enhancement plan should include numbers and locations of bird boxes, bat boxes and habitat enhancements as outlined in principle in sections 5.8 to 5.14 of the Preliminary Ecological Appraisal report (The Environment Partnership; February 2018) received on 13/02/2019. The measures shall be carried out strictly in accordance of the approved scheme. Reason for condition:- To protect and enhance ecology in accordance with Policy 15 of the NPPF.

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ITEM: RECOMMENDATION: APPROVAL REF NO: 3PL/2018/0791/O CASE OFFICER Rebecca Collins

LOCATION: ATTLEBOROUGH APPNTYPE: Outline Land to the South West of Ellingham POLICY: Out Settlemnt Bndry Road Attleborough ALLOCATION: N CONS AREA: N

APPLICANT: Mr & Mrs B Buck LB GRADE: N C/o Hepburns Planning Consultancy L Cheeks Farm AGENT: Hepburns Planning Consultancy TPO: N Hepburns Planning Consultancy Ltd Cheeks Farm PROPOSAL: Proposed 12 new residential dwellings, with access, parking and private gardens.

REASON FOR COMMITTEE CONSIDERATION The application is, as defined by the scheme of delegation, a major planning application and is located outside any defined development boundary or allocation and therefore is referred to Planning Committee for these reasons.

KEY ISSUES Principle of development Economic Social - Access - Layout and Design - Amenity - Heritage assets Environmental - Ecology - Flood Risk and Drainage - Trees - Contamination Section 106 agreement Conclusion

DESCRIPTION OF DEVELOPMENT The proposal has been amended throughout the course of the application and now proposes 12 dwellings with access and car parking. This is an outline planning permission with matters of access and layout to be

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SITE AND LOCATION The application site is a grassed triangulated piece of land located to the north of Attleborough and to the south west of Ellingham Road and north of Warren Lane.

Warren Lane is a narrow street with a small cluster of properties fronting onto it. Ellingham Road is a busy double lane route between Ellingham and Attleborough. The site lies just north of existing traffic lights allowing traffic into Attleborough and onto A11.

The application site is currently grassed land with significant trees to the frontage of the site, which contribute to the character of Ellingham Road, complimenting the bank of trees opposite the site. Dense hedgerows are found to the boundaries of the site also, which also contribute to the character of the area. The site although well contained, begins the transition from urban to rural in this location.

EIA REQUIRED No

RELEVANT SITE HISTORY

3PL/2016/0486/H Change of use from agricultural to burial site and outline for 8 dwellings

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.01 Housing CP.04 Infrastructure CP.05 Developer Obligations CP.06 Green Infrastructure CP.09 Pollution and Waste CP.10 Natural Environment CP.11 Protection and Enhancement of the Landscape CP.13 Accessibility DC.01 Protection of Amenity DC.02 Principles of New Housing DC.04 Affordable Housing Principles

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DC.11 Open Space DC.12 Trees and Landscape DC.13 Flood Risk DC.14 Energy Efficiency DC.16 Design DC.19 Parking Provision NP Neighbourhood Plan NPPF National Planning Policy Framework NPPG National Planning Practice Guidance

OBLIGATIONS/CIL A section 106 agreement is required to secure 25% affordable housing, the proposed open space and its maintenance.

CONSULTATIONS

ATTLEBOROUGH TC 20/11/18 and 16/10/18 Refuse - highways and access concerns NORFOLK COUNTY COUNCIL HIGHWAYS Object - on the grounds of visibility, land ownership, footways and accessibility, turning head, speed limit and land control. CONTAMINATED LAND OFFICER No objections subject to a condition with regards to unexpected contamination. TREE AND COUNTRYSIDE CONSULTANT 08/10/18 Please request a tree survey, implication assessment and tree protection plan. There is also reference to grubbing out existing hedgerow. In order to establish whether or not the hedgerow is classed as important under the hedgerow regulations it will also be necessary to provide a hedgerow survey. HOUSING ENABLING OFFICER 14/11/18 and 12/10/18 Affordable housing is required, to be secured via section 106 agreement. NATIONAL GRID 23/10/18 Should you be minded to approve this application please can the following notes be included an informative note for the Applicant Considerations in relation to gas pipeline/s identified on site. HISTORIC BUILDINGS CONSULTANT It is confirmed that the proposed development, as presented in the current submission material, will not impact on the setting of the nearest designated heritage asset - Attleborough Lodge - and on the basis, from a built heritage perspective, there is no objection to the proposal in broad terms of principle. FLOOD & WATER MANAGEMENT TEAM

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Officers have screened this application and it falls below our current threshold for providing detailed comment. This is because the proposal is for less than 100 dwellings or 2 ha in size and is not within a surface water flow path as defined by Environment Agency mapping. You should satisfy yourself that the applicant has demonstrated compliance with the National Planning Policy Framework paragraphs 155 - 165 by ensuring that the proposal would not increase flood risk elsewhere and will incorporate sustainable drainage systems.

ECOLOGICAL AND BIODIVERSITY CONSULTANT No Comments Received ANGLIAN WATER SERVICE No Comments Received

REPRESENTATIONS During the initial consultation two letters of representation were received, their comments have been summarised as follows: - This would be a a good development if it was bungalows, as there is a shortage. Bungalows would have far less visual impact on the surroundings and would be suitable for disabled and elderly people as well as all others. - A bus stop is a good idea. - The application includes land outside their control and the visibility splay would not be able to be delivered as it crosses garden land outside the applicants control. - The B1077 is a busy and dangerous road, particularly at peak times. Gaining access from Warren Lane onto Ellingham Road is difficult and fraught with danger. Traffic frequently queues back from the junction with the A11, past Warren Lane and the site. Increasing the flow of traffic from Warren lane onto Ellingham Road will form a dangerous congestion pinch point. It will increase standing air pollution and cause longer tail backs on the B1077 and elsehwere. - The 30mph limit is mostly ignored. This is with plenty of reaction time available due to a straight stretch of road immediately before it and with clear signage. Moving the 30mph limit closer to the bend will exacerbate the danger, not mitigate it, as the change in limit will be obscured to traffic approaching from Great Ellingham. Even with warning signage, which is currently ineffective, by reducing the distance, there will be less reaction time available to drivers. - The proposal to introduce a bus stop at this point is astonishing, representing increased danger, as it will add to the rush hour congestion by creating an additional queue of traffic, as cars wait behind buses pulling in and out. - The planning application for a burial site and houses on a nearby field is currently undecided. - Attleborough already has adequate land allocated for current residential needs. - The site lies outside the town envelope, in open countryside and unrelated to any nearby settlement. - The proposal is contrary to national and local planning policy. - The site rises up from the valley floor and would be visible from all directions. It runs along the B1077 and will crest the rising land. It will be an incongruous intrusion on this landscape. - Warren lane is a country lane of character, serving a few older houses whose occupants have chosen to live there to enjoy it's quiet tenure. This would be lost were this development to go ahead and the lane were to become part of simple urban sprawl.

Re-consulation comments A further letter of objection has been received, reiterating earlier comments.

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ASSESSMENT NOTES 1.0 Principle of development

1.1 The application site lies outside the designated development boundary of Attleborough but lies directly adjacent to it.

1.2 Planning Law (Section 38(6) of the Planning and Compulsory Purchase Act 2004) and the National Planning Policy Framework (NPPF) requires that applications be determined in accordance with the Development Plan, unless material planning considerations indicate otherwise. The NPPF is a significant material planning consideration.

1.3 The NPPF requires that in cases where there are no overriding material considerations to the contrary, development proposals for housing that accord with the development plan should be approved without delay.

1.4 Policy CP1 of the Core Strategy makes provision for the delivery of houses. Policy CP14 permits residential development outside of settlement boundaries; for affordable housing; the reuse of buildings; development in association with a rural enterprise; or replacement dwellings. The proposal does not fall within any of these categories and is therefore considered contrary to Policy CP14.

1.5 Where development does not accord with the development plan, consideration should be given to whether there are material considerations that otherwise indicate that development should be approved. Of particular relevance to applications for housing development is paragraph 11 of the NPPF which states that: d) where there are no relevant development plan policies, or the policies which are most important for determining the application are out of date, granting permission unless: i. the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.

1.6 The adopted Development Plan relevant to this application consist primarily of the Core Strategy containing the Development Plan Policies (2009). The emerging Local Plan awaits formal adoption and despite being out to main modifications consultation, it can only be afforded limited weight at this time. The Core Strategy is in excess of 5 years old. Paragraph 73 of the NPPF sets out that Local Planning Authorities should identify and update annually a supply of specific deliverable sites sufficient to provide a minimum of five years worth of housing against their housing requirement set out in adopted strategic policies, or against their local housing need where the strategic policies are more than five years old (unless these strategic policies have been reviewed and found not to require updating). The Council has confirmed that it currently can not demonstrate an up to date five year housing land supply of deliverable sites. Therefore, in the context of paragraphs 11 and 73 of the NPPF, the policies within the Development Plan, relating only to housing land supply, can be considered out of date.

1.7 The judgment Suffolk Coastal District Council (Appellant) v Hopkins Homes Ltd and another (Respondents) Richborough Estates Partnership LLP and another (Respondents) v Cheshire East Borough Council (Appellant) confirms that the narrow interpretation should be used in establishing whether a policy relates to the supply of housing. The narrow interpretation states:

'limited to policies dealing only with the numbers and distribution of new housing, and excluding any other policies of the development plan dealing generally with the disposition or restriction of new development in

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1.8 This means that not all of the Councils development plan policies are out of date, only those relating to housing land supply and it is necessary for the decision maker to have regard to the weight attributable to these in their decision making process in acknowledgement of the lack of an up to date 5 year housing land supply.

1.9 In accordance with paragraph 11, the site is not a designated protected area or asset or importance. This assessment is therefore undertaken having regard to paragraph 11 and the three roles expressed within the NPPF (economic, social and environmental), with regard to any significant and demonstrable harm from the development, taking into consideration relevant development plan policies also.

2.0 Economic

2.1 The proposal will make a positive contribution in economic terms through the delivery of housing, employment during construction and further use of local services and facilities from the future occupants.

3.0 Social

3.1 The proposal will make a positive contribution in social terms through the provision of housing and the provision of appropriate affordable housing, to be secured through the section 106 agreement. The other social aspects of the proposal are further considered below:

3.2 Access Access is a matter to be considered as part of this outline planning application. The Highways Authority has objected to the proposals on the grounds of highway safety. They have raised concerns with regards to visibility, land ownership, footways and accessibility, turning head, speed limit and land control. These matters are further explained as follows:

3.3 Visibility splay set back - the Highways Authority state that the proposals do not meet their required set back for visibility for the junction of Warren Lane with Ellingham Road and there is sufficient space within the site to accommodate the required visibility. However, the required visibility would result in the removal of significant trees, contrary to Policies DC12 and DC16 of the Core Strategy.

3.4 The applicants state that they are providing improved visibility than currently exists and also improved visibility for the adjacent development (application reference 3PL/2016/0489/H for eight dwellings and burial site) that Planning Committee resolved to approve to the rear of the application site off Warren Lane. They state that lower standards were accepted for this development and that this proposal would actually improve visibility for that development and this is material to the Council's considerations. The Highways Authority state that the adjacent planning application was recommended for approval contrary to their advice (it is worth noting that no consent has been issued on this site but the Planning Committee did previously resolve to grant planning permission on these grounds). The required set back is 2.4 metres and the applicants are proposing 2.32 metres. They state the difference is not significant and maintains visibility, improved from that proposed to the rear as well as trees and vegetation.

3.5 Forward Visibility Splay - The Highways Authority state that a visibility splay of 43 metres are not acceptable. This is only acceptable on streets where vehicle speeds are contained to 30mph. In contrast, B1077 is designated a Main Distributor Route under the adopted route hierarchy and has the primary function of carrying traffic safely and freely. A speed survey carried out for the cemetery application demonstrated vehicles speeds on Attleborough Road in the vicinity of the Warrens Lane junction are around

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40mph. Therefore, visibility splays of 120 metres are required. The proposal includes the moving of the 30mph sign past the access to this site, again, the applicants state another improvement for the development to the rear. If moved the 30mph could be enforced by other means.

3.6 The applicants also state that a visibility splay of 120 metres can be achieved if x is reduced to 2.32 metres, as suggested above. The approved scheme for the cemetery reduced this to 2.0 metres.

3.7 Land control -The Highways Authority and a neighbour has raised concerns about splays falling on land outside the applicants control and trees and shrubs blocking visibility. The applicants state that the proposed visibility splays fall on available land, without trees and shrubs blocking visibility.

3.8 Footway - The Highways Authority has recommended that the application include footway improvements to the north of Warren Lane including extending along the frontage of Ellingham Road to provide safe crossing and accessibility to the open space for pedestrians. Without these improvements they have concerns about accessibility to the open space and services and facilities. Further footway to the frontage of the site would include works within RPA's likely to be detrimental to existing trees and the hedgerow, which are considered to form part of the character of the area.

3.9 The applicants state that there is a footway on the South side of Ellingham road as it approaches the site, with a gravel surface on highway land. The applicants state that they are happy to widen the path to the North of Ellingham Road, as this land remains in the control of the applicant. The Highways Authority state that plans showing the proposed footway improvements should be provided and have not been and that the proposal to improve the footway on the north means residents would have to cross this busy road to suitably access walking into town. Instead, improvements should be made to the footway on the southern side of Ellingham Road.

3.10 Frontage development - The Highways Authority has suggested having development fronting onto Ellingham Road, with driveways/direct access off Ellingham Road will assist with reducing speeds. This would however, involve the removal of significant hedgerow and trees and works within their RPA's to their detriment.

3.11 The applicant has stated that the highways comments to date have informed their latest submission. The Highways Authority has been consulted in this regard, their response will be provided to members at the Planning Committee.

3.12 The applicants have proposed in their design and access statement a new request stop is put in place on this bus route. The Highways Authority have stated that in order to be acceptable a stop should be provided on both sides of the road. An objector has raised concerns in this regard with regards to backing up traffic. As this is not a requirement of this permission and given the number of dwellings proposed, it is unlikely to be funded by this development and therefore is not taken into consideration in the planning balance.

3.13 Despite this, given the information received to date, the proposal is considered contrary to highways guidance with regards to providing safe and sufficient access to the highway, including visibility, contrary to policy CP4 of the Core Strategy. These concerns are unlikely to be resolved by the current proposals which fail to meet the highways authority visibility standards and footway provision is contrary to their advice. An objector also raises concerns with regards to safe access onto Ellingham Road. However, given that planning permission was resolved to be granted for the site to the rear for eight dwellings with insufficient access and visibility, this is a material planning consideration. However, this application remains undecided and development has not commenced. This proposal is for 12 dwellings, the approved development off

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Warrens Lane was for 8 dwellings plus visitors associated with the burial grounds. Therefore, traffic movements are likely to be similar and this proposal includes improvements to the access of Warrens Lane with Ellingham Road. In this regard, although, the proposal would involve the use of a substandard access, the vehicle movements associated with this development are likely to equate to that already approved and therefore on balance are considered acceptable with the highways improvements proposed.

3.14 The matters of footway provision to the frontage of the site and visibility splays would result in works to or within the RPA's of significant trees, resulting in their loss or detrimental to their health. Therefore, the proposal would be considered contrary to policy DC12, which allows for the loss of significant trees only in exceptional circumstance and DC16, which seeks to protect the character of the area, which these trees and hedgerow form part of.

3.15 The works to provide an improved footway either on the southern or northern side of Ellingham Road can be the subject of a suitably worded condition.

3.16 The Highways Authority has raised concerns with regards to access to the proposed open space for properties to the rear/west of the site. Although this concern is noted and a footpath through the site would be preferable. Given the size of the site, it is considered that it is merely a short walk from the properties to the rear of the site to the proposed open space. In addition, Warren Lane will remain lightly trafficked despite this proposal and that of the adjacent site and therefore accessible for residents. Given the sites location outside of the town of Attleborough and the other side of A11 and its size and lack of facilities (non are required as part of Policy DC11) and other spaces available within the town then this open space is unlikely to attract significant use to warrant further footway provision.

3.17 The Highways Authority have also requested a further turning head within the site. As one has already been provided and there is limited space within the site, making efficient use of land in accordance with policy 11 of the NPPF, this is not considered necessary in this instance.

3.18 On balance, despite the intensification of a substandard access, the resultant access improvements from this development as well as the contribution to housing land supply and the lack of any other harm identified from this development, is considered to significantly and demonstrably outweigh the harm to highways safety when balance against the earlier adjacent approval. The proposal is therefore recommended for approval in this regard.

3.19 The proposed layout includes sufficient car parking to meeting the standards as required policy DC19 of the Core Strategy.

3.20 Layout, Appearance and Scale Policy 12 of the NPPF and DC16 of the Core Strategy seek to achieve a high quality design. Layout is a matter to be considered as part of this outline planning application. Appearance and scale will be considered at reserved matters stage.

3.21 The proposed layout has been amended on the advice of the case officer to provide open space to the frontage of the site to protect the trees and hedgerow and bring development outside of their RPA's. This open space, although a fairly narrow and elongated would be sufficient to meet the requirements of Policy DC11 of the Core Strategy. Dwellings have been orientated to front onto Ellingham Road, to be located behind the hedgerow and trees, similar to the pattern of the adjacent development along Ellingham Road but without direct access onto Ellingham Road, to protect the trees and hedgerow along the frontage, which are considered to contribute significantly to the character of the area, as set out above.

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3.22 An access road to the frontage of properties off Ellingham Road runs to the east of the site behind the open space, although further reducing the open space, this ensures residents have direct access to car parking facilities to avoid car parking on the road and allows surveillance from dwellings of open space and car parking spaces, to the benefit of the public realm and for crime and safety reasons.

3.23 A further spur road serving another 8 dwellings runs to the rear/west of the site. This part of the development will largely be hidden from view by existing dwellings which front Ellingham Road. Again this western part of the development has been moved away from the rear boundaries of the site to protect trees and vegetation and provide sufficient amenity space without significant shading from trees putting undue pressure on them to be removed. One dwelling fronts onto Warren Lane to provide surveillance and represent the existing character of the Lane. Appearance is a reserved matter, however, a further two properties can be adequately designed to be dual fronted so as also provide surveillance and frontage onto Warren Lane in a pattern that exists currently.

3.24 Comments have been raised about the scale of development proposed. Scale is a reserved matter. Although a preference has been sought for single storey from a representation, it is not considered that two- storey dwellings would be out of character, given that development along Ellingham Road is primarily two- storey. In addition, another representation states the site rises and will be highly visible. It is not considered that the land rises so significantly to preclude development in this location. There is significant tree coverage to the frontage of the site and hedgerows to the northern boundaries as you approach the site. Although, dwellings here may be visible, they are not considered so out of character to warrant refusal of planning permission in this instance.

3.25 Landscaping is a reserved matter but given the proposed retention of trees and vegetation, as per the amended layout, then the proposal is likely to be considered acceptable in this regard also.

3.26 The amended layout and increase to 12 dwellings is considered to make a more efficient use of land, whilst preserving the green character of the area and frontage development pattern which exists in the street scene. The proposal is therefore considered to accord with Policies 11 and 12 of the NPPF and DC16 of the Core Strategy.

3.27 Amenity Policy DC1 of the Core Strategy seeks all new development to protect the amenity of the area, neighbouring and future occupants.

3.28 The amended layout shows one dwelling fronting onto Warren Lane, facing existing residential properties. It is considered that two further plots could be dual frontage or include fenestration to front Warren Lane to maintain surveillance and the street scene. Given the intervening lane and the spacing and orientation of properties then negative overlooking or overbearing is likely to avoided. Given that the proposed use for is for 12 residential properties then it is unlikely to lead to significant noise and disturbance either.

3.29 The amended layout proposes to increase the number of dwellings from 11 to 12. This is supported by Policy 11 of the NPPF, which seeks to make effective use of land. There has been some reduction in the amount of amenity space available for the properties due to changes including two access points, an additional dwelling and ensuring trees and their RPA's are protected. However, sufficient amenity space remains to protect the amenity of future occupants. Subject to detailed designs, the proposed properties are also spaced sufficiently across the site to avoid unacceptable overlooking and overbearing amenity impacts for future occupants also. The proposal is therefore considered in accordance with Policy DC1 of the Core Strategy.

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3.30 Heritage Assets There is a Grade II Listed Building located to the east of the application site. Policy 16 of the NPPF, DC17 of the Core Strategy and Sections 16 and 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, seek to protect the special interest and significance of heritage assets/Listed Buildings and their settings. Given the scale of development proposed, the distance of the proposal from this Listed Building, the intervening screening and vegetation surrounding the Listed Buildings and the separation from the building to the application site by the existing main Ellingham Road then the significance or setting of this Listed Building is not considered to be harmed by the proposals. Any limited harm would further be outweighed by the public benefit of providing 12 dwellings and affordable housing in this location. The historic buildings officer has been consulted in this regard and also raises no objections. The proposal is therefore considered in accordance with Policy 16 of the NPPF, DC17 of the Core Strategy and Sections 16 and 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

4.0Environmental

4.1 Ecology Policies 15 of the NPPF and CP10 of the Core Strategy require the protection and enhancement of biodiversity. No ecology information has been provided with the application. Our ecologist have been consulted in this regard and their comments will be reported to members of the planning committee.

4.2 Flood risk Policy 14 of the NPPF requires seeks to direct new development away from areas at highest risk of flooding and for new development to not increase flood risk elsewhere. The site lies in flood zone 1, at the lowest risk of flooding. The applicants state that onsite soakways are of sufficient capacity and will be utilised and any hardstanding areas can be constructed using SuDS to ensure the management of surface water flows. Also, the increased boundary landscaping on the site will also help manage run-off as will the grassed garden areas. The advice of LLFA and Anglia Water has been sought in this regard. The LLFA have declined to comment. The comments of Anglia Water, if received, will be reported to members of the Planning Committee. Despite this, it is considered that matters of flooding and drainage can be adequately dealt with by suitably worded conditions in accordance with Policy 14 of the NPPF.

4.3 Trees and hedges The retention of trees and hedgerows is supported by Policy DC12 of the Core Strategy. There are significant trees to the frontage of the site, which are to be retained and hedgerows and trees to the boundaries of the site which are also to be retained, as explained above. These can be protected through the use of appropriately worded conditions and the Tree Officer is generally supportive of the proposals but sought clarification with regards to access and visibility splays impacting trees. Further information has been provided and any further comments from the Tree Officer will be presented to member of the committee. The development is therefore considered in accordance with Policy DC12 of the Core Strategy.

4.4 Contamination Policy 15 of the NPPF states that planning decisions should take account of ground conditions and contamination risk. The applicant has submitted a contaminated land report and no objections have been raised in this regard, subject to the imposition of an unexpected contamination condition, which is proposed. For these reasons the proposal is considered in accordance with Policy 15 of the NPPF.

5.0 Section 106 Agreement

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5.1 A section 106 agreement will be required to secure 25% affordable housing. The applicant proposes 25% affordable housing in line with that required by emerging Policy HOU 7. Whilst this emerging Policy is not yet adopted, it has been through Examination in Public, and the 25% requirement has not been amended as part of the current emerging Local Plan Main Modifications consultation. Whilst the Council contends that the emerging Policies have limited weight at this stage, this particular requirement has been underpinned by Council's Local Plan and CIL Viability Assessment, 2017. Furthermore, it is consistent with the NPPF 2019 and has no unresolved objections. Based on this, taking into consideration paragraph 48 of the NPPF 2019, it is considered a 25% affordable housing requirement is acceptable in this instance.

5.2 Securing and maintaining the proposed open space will also form part of the section 106 agreement.

6.0 ConclusionDATA ERROR!!!

RECOMMENDATION The proposal is recommended for approval subject to the conditions listed below and any other additional conditions proposed by statutory consultees during the remainder of the consultation and the signing of a section 106 agreement as set out above.

Any resolution to approve planning permission, is subject to no new material planning considerations being raised during the remainder of the consultation period, which expires on 10/08/2019.

CONDITIONS 1 Outline Time Limit (2 years) Early Delivery Application for Approval of Reserved Matters must be made not later than the expiration of TWO YEARS beginning with the date of this permission, and the development must be begun within TWO YEARS of the FINAL APPROVAL OF THE RESERVED MATTERS or, in the case of approval at different dates, the FINAL APPROVAL OF THE LAST SUCH MATTER to be approved. Reason for condition:- As required by section 92 of the Town & Country Planning Act 1990 and in order to ensure the early delivery of housing. 2 Standard Outline Condition No development whatsoever shall take place until the plans and descriptions giving details of the reserved matters referred to above shall have been submitted to and approved by the Local Planning Authority and these plans and descriptions shall provide details of the appearance, layout, scale, access and landscaping of the development. Reason for condition:- The details are not included in the current submission. 3 In accordance with submitted plans NEW 2017 The development must be carried out in strict accordance with the application form, and approved documents and drawings as set out in the table at the end of this notice. Reason for condition:- To ensure the satisfactory development of the site. 4 Materials Prior to the commencement of any works above slab level the type and colour of the

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materials to be used in the external elevations of the building shall be submitted to and approved in writing by the Local Planning Authority. Only such agreed materials shall be used in connection with this approval. Reason for condition:- To ensure the satisfactory appearance of the development, in accordance with Policy DC 1 and DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 5 Contaminated Land - Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with details to be agreed in writing with the Local Planning Authority. Where remediation is necessary, a remediation scheme must be submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report shall be submitted to and approved in writing by the Local Planning Authority. Reason for condition:- To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. This condition is imposed in accordance with CP9 of the Breckland Adopted Core Strategy. This condition will require to be discharged

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ITEM: RECOMMENDATION: REFUSAL REF NO: 3PL/2018/1111/O CASE OFFICER Naomi Minto

LOCATION: BAWDESWELL APPNTYPE: Outline Dereham Road POLICY: Out Settlemnt Bndry Bawdeswell ALLOCATION: N CONS AREA: N

APPLICANT: Mr Neville Middleton LB GRADE: N Bradmore Mill Drift Lane AGENT: Burt & Stone Planning Consultant TPO: N 4, Redisham Close, Lowestoft PROPOSAL: Development of three detached self-build properties with garages.

REASON FOR COMMITTEE CONSIDERATION The application has been called into Planing Committee by the Ward representative.

KEY ISSUES - Principle of development - Impact upon amenity - Highway safety - Impact upon trees - Other issues

DESCRIPTION OF DEVELOPMENT The application seeks outline planning permission for the construction of three detached self-build dwellings with garages and amenity space. Indicative plans submitted in support of the application indicate that the proposal would include one detached two storey dwelling with a detached double garage, and two bungalows, one with a detached double garage and the other (identified as plot 2 on the submitted Site Layout Plan) with an integral double garage. The Site Layout Plan shows how the proposed dwellings could fit on the site. Only access is being sought at outline stage, with all other matters reserved.

SITE AND LOCATION The site is located outside of the defined Settlement Boundary of Bawdeswell and amounts to an area of approximately 0.35 hectares. The site, which forms part of a field, is currently used for agricultural purposes. It is bounded to the north east, north west and south west by established hedgerows. The site is characterised by existing residential development to the north and south, open agricultural land to the east and Dereham Road to the west with agricultural fields beyond that. Access to the site would be via Dereham Road to the north west.

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EIA REQUIRED No

RELEVANT SITE HISTORY No relevant site history

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.01 Housing CP.06 Green Infrastructure CP.09 Pollution and Waste CP.10 Natural Environment CP.11 Protection and Enhancement of the Landscape CP.14 Sustainable Rural Communities DC.01 Protection of Amenity DC.02 Principles of New Housing DC.12 Trees and Landscape DC.13 Flood Risk DC.16 Design DC.19 Parking Provision NPPF National Planning Policy Framework NPPG National Planning Practice Guidance SS1 Spatial Strategy

OBLIGATIONS/CIL Not applicable

CONSULTATIONS

BAWDESWELL PARISH COUNCIL Object, as the site is well outside the settlement boundary. Previous similar applications have all been turned down and to grant permission for this development would set a dangerous precedent. There is currently no local need for additional housing in the village due to the recent allocation of 40 dwellings on Two Fields Way. The Parish Council support Highways objections, in that there is not adequate visibility splays for

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 117 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 access to the development and it has been noted that there has recently been an accident in that location. The proposed development does not adequately provide for pedestrians or people with disabilities despite provision shown on the plans. There are no pavements on either side of the Dereham Road to the south of the Fakenham Road. NORFOLK COUNTY COUNCIL HIGHWAYS 31/10/18 Objection - The introduction of an access with substandard visibility, and the potential increase in pedestrian traffic on Dereham Road, would lead to conditions detrimental to highway safety and the proposed development does not adequately provide for pedestrians or people with disabilities.

5/12/18 The removal of the footway does not overcome highway concerns and my response remains as originally given. CONTAMINATED LAND OFFICER No objection, subject to conditions. TREE AND COUNTRYSIDE CONSULTANT 1/11/2018 It appears that to achieve the required visibility splay the hedge along the site frontage will require removal. This hedge is currently protected by the hedgerow regulations. In order to establish whether or not the hedge would be classed as important it will be necessary to provide a hedgerow survey. Presumption should be in favour of retention of important hedges. In addition, the design and access statement make reference to a footpath with Hamptons being a short walk from the site. It is not entirely clear where the footpath will be positioned. It there is to be any footpath provision on the northern side of Dereham road, which appears to be the only option, it will be necessary to provide a tree survey, arboricultural impact assessment and method statement.

4/12/2018 Details of hedgerow on site frontage still required.

REPRESENTATIONS A site notice was erected on 23 October 2018 and two neighbours were consulted. Five objections were received raising the following main points of concern;

- Proposed development outside the defined settlement boundary. - The village already has planning for 40 dwellings, which is considered more than enough for the village. - This proposal is unnecessary. - Highway safety - Proposed footpath does not link to any other footpath for safe pedestrian movement / dangerous road / accident hotspot / insufficient visibility splay to allow safe egress of vehicles at the proposed access point. - Removal of existing established hedgerow / trees and destruction of natural habitat would have a negative impact on the environment. - There are limited amenities in the village. - Previous applications along this road have been refused. - This application would set a dangerous precedent.

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ASSESSMENT NOTES 1.0 Principle of development

1.1 This application seeks Outline planning permission with all matters, except access, reserved for the erection of three detached dwellings and associated double garages and external amenity space on agricultural land to the east of Dereham Road, Bawdeswell. The site is outside the defined Settlement Boundary of Bawdeswell. The proposal therefore conflicts, in principle, with Policies SS1, DC2 and CP14 of the adopted Core Strategy and Development Control Policies Development Plan Document, (2009), which seek to focus new housing within defined Settlement Boundaries.

1.2 However, paragraph 11 of the NPPF (2019) states that where an authority does not have an up-to-date Development Plan or five year housing land supply, the relevant local policies for the supply of housing, as referred to above, should not be considered up-to-date and that housing applications should be considered in the context of the presumption in favour of sustainable development.

1.3 The Statement of Five Year Housing Land Supply as at 31st March 2018 was published in July 2018. This outlined that the District does not benefit from having a five year supply of housing land (it can only demonstrate 4.77 years housing land supply). In these cases the NPPF makes provision, in principle, for Local Planning Authorities to positively consider sites that are not within defined Settlement Boundaries. This must be balanced against other policy requirements and aims including securing sustainable development, protecting the countryside, and good design.

1.4 The NPPF constitutes guidance for local planning authorities and decision-takers and is a material consideration in the determination of planning applications to achieve sustainable development. The Government outlines three dimensions to sustainable development: economic, social and environmental (paragraph 8). These dimensions give rise to the need for the planning system to perform a number of roles:

- an economic role - contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure;

- a social role - supporting strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations; and by fostering a well-designed and safe built environment, with accessible services and open spaces that reflect current and future needs and support communities' health, social and cultural well-being; and

- an environmental role - contributing to protecting and enhancing our natural, built and historic environment; including making effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy.

1.5 Paragraph 9 states that these objectives should be delivered through the preparation and implementation of plans and the application of the policies in the NPPF. Planning Policies and decisions should play an active role in guiding development towards sustainable solutions, but in doing so, should take local circumstances into account, to reflect the character, needs and opportunities of each area.

1.6 In terms of the economic and social criteria, the proposal would provide three new dwellings and would therefore make a positive, albeit small, contribution to the housing supply shortfall. The proposal would

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 119 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 provide limited short term economic benefits through labour and supply chain demand required during construction, and longer term economic benefits through the additional household spend within the surrounding area that would be generated by the provision of three dwellings.

1.7 The social role of sustainable development seeks to ensure, amongst other matters, the creation of a high quality built environment with accessible local services. Bawdewell is classified as a rural settlement and therefore does not represent a sustainable option for significant expansion. Policy SS1 of the adopted Core Strategy and Development Control Policies DPD states that rural settlements will provide nominal housing growth during the plan period where local capacity allows.

1.8 Bawdeswell has a shop, village hall, pub, garden centre, primary school, restaurant and church. There is also provision of bus services running through the village, connecting it with Norwich, Dereham and Fakenham. It is however noted that the buses do not stop in the vicinity of the development site and would require future occupants to negotiate Fakenham Road (A1067) in order to access them. In order at access Bawdeswell and any of these services by any means other than by private car, it would mean walking down a a narrow carriageway with no available footway and then crossing the busy Fakenham Road. Given that there are high banks and vegetation either side of Dereham Road from the application site to Bawdeswell, there is limited safe means for walking along Dereham Road and crossing Fakenham Road. Therefore, the site is considered to be in an unsustainable location, not accessible to services and facilities by walking or cycling. This is considered to contrary to the environmental aims of the NPPF.

1.9 The Highways Authority has also raised an objection on the grounds of, the proposed development not adequately providing for pedestrians or people with disabilities and therefore the proposal is considered contrary to the environmental aims of the NPPF and is recommended for refusal on these grounds.

2.0 Impact upon amenity

2.1 Policy DC1 of the adopted Core Strategy seeks to protect residential amenity of existing and future residents. There is nothing to suggest that there would be any adverse impacts with regard to loss of light / privacy, overbearing impact or overshadowing on existing residents, or future residents of the scheme.

2.2 The indicative plans submitted with the application show that three dwellings could fit on site with sufficient parking and external amenity space. Further details would be necessary at reserved matters stage. However, amenity concerns could likely be suitably addressed by design or condition(s). The proposal is therefore considered to comply with Policy DC1, subject to detailed design reserved for future determination.

3.0 Highway safety

3.1 Norfolk County Council Highways have objected to the proposal, advising that they have consistently raised highway objections in respect of the principle of development on Dereham Road due to the lack of a safe walking route to the village amenities in Bawdeswell, which lies to the north of the A1067 Norwich / Fakenham Road. The Highway Authority advised that in order to access local facilities, the walking route from site would involve pedestrians travelling in the live carriageway of an unlit, busy highway and crossing a Principle County Highway (A1067) where no pedestrian crossing refuge exists. A view which is shared by objectors and the Parish Council.

3.2 In addition, Highways raised concerns in respect of the level of visibility, which could be achieved from the proposed access. A 40mph local speed restriction is in force in the vicinity of the site for which Government safety standards, set out in The Design Manual for Roads and Bridges, recommend that clear visibility of 120m from a 2.4m setback distance should be achievable to either side of an access. The

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 120 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 visibility drawing submitted with the application is an enlarged ordnance survey sheet and such reproductions cannot be relied upon to provide accurate measurements. Even so, the Highway Authority consider that the drawing clearly shows that the 2.4m x 120m visibility splay to the south east passes through land outside of the applicant's control and may be obstructed by the face of buildings. Based on the submitted material, the Highway Authority have assessed the visibility to the south of the proposed access to be in the region of 55 metres, which would not comply with Government safety standards.

3.3 The current use of the site for agricutural purposes would not generate regular traffic movements on a daily basis. However, three dwellings would be likely to generate approximately 18 daily vehicular movements, together with those movements generated by delivery vehicles and other visitors. It was therefore considered that the introduction of regular traffic movements, utilising an access with substandard visibility onto Dereham Road, would provide potential for collision and personal injury accident to the detriment of highway safety.

3.4 The Highway Authority also provided comment in respect of the proposed pedestrian footpath. However, following comments from the Highways Officer, the applicant omitted provision of a pedestrian footpath from the proposal. This has not changed the HA recommendation. Therefore, in light of the above considerations, the application would have a detrimental impact on highway safety and is therefore contrary to Policy CP4 of the adopted Core Strategy and paragraphs 108 and 109 of the NPPF (2019).

4.0 Impact upon trees

4.1 The Tree and Countryside Officer advised that in order to achieve the required visibility splay, the hedge along the site frontage will require removal. The hedge is currently protected by the hedgerow regulations and therefore in order to establish whether or not the hedge would be classed as important, a hedgerow survey should be submitted for further consideration. The Tree and Countryside Officer advised that presumption should be in favour of retention of important hedges, as set out in policy DC12 of the Breckland Core Strategy.

4.2 In addition, the Officer commented on the submitted Design and Access Statement, which refers to provision of a footpath connecting the site with Hamptons, a short walk away. On this basis, submission of a tree survey, arboricultural impact assessment and method statement was requested for further consideration and comment.

4.3 Following comments made by the Tree and Countryside Officer, the applicant omitted the provision of a pedestrian footpath from the proposal. The Tree and Countryside Officer advised that a hedgerow survey in respect of the hedgerow along the site frontage would still be required, as it is likely that its removal would be necessary to accommodate visibility splays. However, no further information has been submitted to address the Tree and Countryside Consultant's comments. On this basis, it is considered that insufficient information has been submitted to enable proper assessment of the application, in line with existing policy. The application as it is, fails to comply with Policy DC12 of the adopted Core Strategy and the requirements of the NPPF (2019).

5.0 Other issues

5.1 Policy CP9 of the adopted Core Strategy seeks to ensure that development minimises any unavoidable polluting effects and the development's design should actively seek to minimise or mitigate against all forms of pollution. Notwithstanding that this is an Outline application, with all matters (other than access) reserved for future consideration, no objection was raised by the Contaminated Land Officer, subject to the proposal being carried out in line with the application details. The proposal is therefore considered to accord with

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Policy CP9.

5.2 The applicants agent has submitted some additional information in support of their proposals, which references an Appeal decision with regards to the requirements for highways visibility splays. The agent states that the Appeal report makes reference to few accidents being caused at driveway junctions, therefore dangers are minimal and that standard splays were not required by this Inspector. In addition, reference to Part Q applications being approved in isolated locations is made and a further application at Road, Mileham (3PL/2018/1564/O). Reference to paragraphs 77 and 78 of the NPPF has been made and to a site at Beeston being heard at Planning Committee, although no reference number or site address has been provided.

5.3 On examination of the information provided, the following additional comments are made:

5.4 Each case must be considered on its own merits. The Appeal decision for Frenze Road, Diss dated December 2013 is not directly comparable to this application, as the site was off a 30mph minor road, this road is 40mph and not a minor road and the proposal was to share an existing access off the highway so the Inspector assessed intensification of an existing access in use, which was actually being improved by the development, although still not up to highway standards. For this application, the Highways Authority require a plan demonstrating that the required visibility splays can be achieved at a scale appropriate for doing this. As this has not been provided they are unable to say visibility can be achieved and object on this basis.

5.5 Part Q applications are permitted development not Planning Applications, therefore an assessment in accordance with planning policy is not made in the same way as with planning applications i.e. the principle of development is established where a set of factors are complied with. As this is not a Part Q application it is not permitted development and therefore has been assessed in accordance with adopted planning policy, as required by Paragraph 2 of the NPPF and the Regulations. Here the Principle of development is not considered to be established as the current proposal fails to meet the tests of environmental criteria, for the reasons given above.

5.6 Planning application reference 3PL/2018/1564/O, is undetermined. However, this site is also not directly comparable to this application, as this site is directly abutting the settlement boundary of Mileham and there is a footpath on the opposite side of the road running into Mileham. This application will be assessed on its own merits in accordance with Planning Policy, as required.

5.7 Paragraph 77 of the NPPF is directly related to the provision of affordable housing, which given the site is only three properties, this could not be secured. Paragraph 78, is relevant and refers to promoting sustainable development (which this site has been demonstrated not to be) and identifying opportunities for villages to grow and thrive, especially where services will be supported. In addition, where development in one village may support services in a nearby one. As set out above, as the only way of accessing Bawdeswell or sustainable transport to another nearby village would be by private car, it is not considered that this proposal would provide significant support to Bawdeswell services and facilities or nearby villages, as it would be just as easy to head to local towns by car. Therefore, as set out above the proposal is considered contrary to the requirements of paragraphs 77 and 78 of the NPPF.

5.8 With regards to the application at Beeston, which is assumed to be application reference 3PL/2018/0472/F. This application was refused. It was re-heard at Planning Committee to ensure members had all the facts when determining the application, which did include works to an historic hedgerow. For this application, as set out above, the Council currently has insufficient information to determine whether the proposals would include works to an historic hedgerow and therefore are unable to reach a conclusion without additional information from the applicant, as per any other planning application.

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6.0 Conclusion

6.1 Taking into account the overall planning balance of the scheme, the proposal would lead to a detrimental impact on highways safety, the site is located in an unsustainable location, not easily accessible to services and facilities which exist in Bawdeswell or sustainable transport and insufficient information has been submitted to demonstrate that the proposal would not result in the loss of an important hedgerow, contrary to policies CP4, DC12 and the aims of the NPPF.

RECOMMENDATION The proposal is considered contrary to the development plan and national planning policy and is therefore recommended for refusal, for the reasons given below.

REASON(S) FOR REFUSAL 1 Any highway reason for refusal Inadequate visibility splays are provided at the junction of the access with the County highway and this would cause danger and inconvenience to users of the adjoining public highway, contrary to Policy CP4 of the adopted Core Strategy and paragraphs 108 and 109 of the NPPF (2019). 2 Non-std reason for refusal The proposed development does not adequately provide for pedestrians or people with disabilities (those confined to a wheelchair or others with mobility difficulties), due to its location away from services, facilities and public transport nodes with limited opportunities for walking and cycling, contrary to Policy CP4 of the adopted Core Strategy and paragraphs 108 and 109 of the NPPF. 3 Non-std reason for refusal Insufficient information has been submitted as part of the application in respect of existing hedgerows and it is therefore not possible to assess the potential likely impacts of the proposed development on an important hedgerow. Policy DC12 supports the retention of hedgerows. The proposal therefore does not accord with Policy DC12 of the adopted Core Strategy or the requirements of the NPPF.

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ITEM: RECOMMENDATION: APPROVAL REF NO: 3PL/2018/1559/VAR CASE OFFICER Carl Griffiths

LOCATION: BRADENHAM APPNTYPE: Variation of Cond's Victory Court POLICY: Out Settlemnt Bndry Bradenham ALLOCATION: N CONS AREA: N

APPLICANT: Clayland Estates Ltd LB GRADE: N The Glass House Gardens AGENT: Clayland Architects TPO: N The Glass House Lynford Gardens PROPOSAL: Variation of Condition No 2 & 14 on 3PL/2010/1333/F (Development of 6 open market homes & 5 local needs homes inc. 1 special needs home) - Revised trod footpath

REASON FOR COMMITTEE CONSIDERATION The application represents a variation to a major planning application and is referred to Planning Committee for this reason.

KEY ISSUES - The highway and pedestrian safety implications of the proposed footpath - The deliverability of the consented footpath

DESCRIPTION OF DEVELOPMENT Victory Court was approved under 3PL/2010/1333/F and has since been fully implemented with the exception of Conditions 2 and 14 which relate to the provision of an off-site footpath which would link the development to the village green and public house to the east. Since the approval of the application and the implementation of the permission, the applicant has encountered difficulties with fulfilling the requirements on Conditions 2 and 14 due to a combination of issues with third party approvals and in terms of the financial viability of the delivering the footpath to adoptable standards.

The current application therefore seeks to vary the conditions to allow for a reduced specification footpath to be delivered to a reduced length. The proposed footpath would span the length of the frontage of the Victory Court development as well as the frontage of adjoining development. Importantly, the footpath would terminate at the boundary of the public house. The footpath would be built as a 'trod' footpath with a crushed limestone sub base.

SITE AND LOCATION The application site comprises a recently implemented residential development, Victory Court, to the south side of Hale Road within the settlement of Bradenham. Specifically, the application relates to the land to the

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EIA REQUIRED No

RELEVANT SITE HISTORY 3PL/2010/1333/F - Development of 6 open market homes & 5 local needs homes including 1 special needs home. Approved subject to conditions including the following:

2. The development must be carried out in strict accordance with the application form, plans, drawings, and other documents and details submitted or provided by the applicant, as amended by the documents referred to above.

14. No works shall commence on site until a detailed scheme of off-site highway improvements has been submitted to and approved in writing, in consultation with the Highway Authority. This scheme shall include the construction of a new footway and localised road widening along Hale Road (as outlined on drawing no.CC230/09/18A) and the erection of speed reactive signs. The approved scheme shall be implemented in accordance with an agreed timescale.

The following application relates to the land adjoining the site and adjacent to the Lord Nelson Public House:

3PL/2016/0405/VAR - Variation of condition 5 on 3PL/2013/0399/F (to allow implementation of highway works after occupation). Approved subject to conditions including the following:

2. Prior to the first occupation of the development hereby permitted the proposed new access / closure of the existing access / on-site car parking / turning shall be laid out in accordance with the approved plan and retained thereafter available for that specific use. Reason for condition: To ensure the permanent availability of the parking / manoeuvring area, in the interests of highway safety.

6. Following the expiry of six months from the grant of planning permission 3PL/2016/0405/VAR, and where the footway and road widening works to the application site frontage agreed under permission 3PL/2010/1333/F have not been completed, the applicant shall undertake off site highway works in accordance with a scheme that has been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority prior to the expiry of 8 months from the date of the grant of this permission. The scheme shall include full details off the off site works including and timescales for their completion. The works shall thereafter be carried out in accordance with the approved scheme. Reason for condition:- In the interests of highway safety and to provide satisfactory footpath provision.

7. Prior to the first occupation of the development permitted, a visibility splay measuring 2.4m x 43m shall be provided to either side of the access where it meets Hale Road and such splays shall thereafter be maintained all times free from any obstruction exceeding a height of 1.05 metres above the level of the adjacent carriageway. Reason for condition:- In the interests of highway safety.

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POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.01 Housing CP.04 Infrastructure DC.01 Protection of Amenity DC.02 Principles of New Housing DC.12 Trees and Landscape DC.16 Design DC.19 Parking Provision NPPF National Planning Policy Framework NPPG National Planning Practice Guidance

OBLIGATIONS/CIL Not Applicable

CONSULTATIONS

BRADENHAM P C The Parish Council strongly object to this application as it overrides Planning Approval 3PL/2010/1333/F, specifically condition 14. Failure to adhere to this condition 14 will have a detrimental impact on the wider village community. The interaction of the Lord Nelson along with the Road Junction Hale Rd / Church St / Mill St is an identified hazard for pedestrians and road traffic. A clear continuation and termination of the footpath opposite the Village Green is an overriding principal of the original planning permission. NORFOLK COUNTY COUNCIL HIGHWAYS Whilst the current submission extends pedestrian provision along the frontage of the applicants former site up to the boundary of the Lord Nelson Public House, it does not include the frontage of the pub nor the minor carriageway widening adjacent to it as originally approved.

The only acceptable scheme for off-site works is that which was promised as part of the original application 3PL/2010/1333 and I would therefore reiterate previous advice.

The consented improvements were key to the development receiving approval and without which this Authority would have maintained its objection on highway safety grounds.

The loss of a footway to link with local amenities, such as the village hall, school bus pick up point and play area, will result in pedestrians, including more vulnerable pedestrians such as children, those with mobility impairments and those pushing prams or buggies, being forced to walk in the carriageway of an unlit, well

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The current proposal will also prevent the rectification of the carriageway pinch point adjacent to the pub which was also promoted as part of the original scheme and pedestrians would consequently be directed to walk in the carriageway at its narrowest point and where no level verge exists to enable them to stand clear of on-coming traffic.

It was known at the time of the original application that the off-site highway works were reliant on third party land and we were advised that the two third parties involved were happy to dedicate the necessary land as highway.

I am aware that the applicant experienced difficulty in reaching agreement with one of the third party owners. In order to assist the applicant in moving the matter forward, this Authority negotiated the dedication of the relevant section of land directly with the land owner and a formal dedication agreement has now been concluded. I am therefore satisfied third party land ownership does not form a stumbling block to the completion of the off-site works.

In order to assist the applicant in delivering the scheme, this Authority agreed to a reduction in the width of the footway and also agreed to a section of footway, proposed to the south east of the village green, being omitted from the scheme to reduce costs. In summary, the footway and minor carriageway widening works were secured to mitigate against concerns regarding potential vehicular / pedestrian conflict and were intended to provide an important pedestrian link between the site and the wider village amenities as acknowledged by the applicant at the time. These works were key to the applicant gaining support for the development.

The omission of a section of footway, and minor widening, fronting the pub will result in pedestrians, including more vulnerable groups, having to walk in the carriageway of an unlit classified highway designated as Local Access Route, at its narrowest point, increasing the potential for collision and personal injury accident.

The proposed construction specification, as an informal trod rather a surfaced footway, will not ensure the availability of the pedestrian provision in the long term and will result in an undue maintenance burden on the public purse.

In light of the above I have no option but to recommend the application be refused.

REPRESENTATIONS Two letters of representation have been received, their comments have been summerised as follows:

- I note that the submission is for a pathway of temporary construction (limestone chippings edged with timber). This appears to be completely different to the original construction approved by the main planning application which state "to highways specification". - I further note that the original drawings also promised that hedging and trees would screen the development from the opposite properties and from the roadway. The original submissions contained specific drawings devoted to sight line assurances. These have been completely disregarded. No hedging or substantial trees exist as specified by the original submissions.

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- Attention is drawn to previous committee meetings where it was resolved to enforce against non compliance with Condition 14 of permission 3PL/2010/1333/F. Should the Council be minded to approve then it should also ensure compliance with the outstanding conditions associated with permission 3PL/2016/0405/VAR or enforce against it.

ASSESSMENT NOTES 1.0 Principle

1.1 The application seeks to vary Condition 14 of 3PL/2010/1333/F which states that a footpath shall be provided in accordance with a drawing submitted and approved with the 2010 application. Since the approval of the 2010 application, the applicant has encountered difficulties in delivering the consented footpath in accordance with Condition 14 through a combination of third party difficulties and financial viability constraints. As the dwellings have been constructed with conditions not discharged, there is a current breach of planning control. In order to resolve this breach, the applicant has submitted the current application. This application seeks approval for a reduced specification footpath which the applicant contends is commensurate with the scale of the consented development and is financially deliverable.

1.2 In assessing the application, the key issue to consider is whether the requirements of the original condition are reasonable and deliverable. At the time of the application being determined in 2010, it is considered that the requirements of Condition 14 accorded with paragraph 55 of the NPPF which sets out the tests which dictate the use of conditions:

-necessary; -relevant to planning and; -to the development to be permitted; -enforceable; -precise and; -reasonable in all other respects.

1.3 Nevertheless, officers must also consider the altered circumstances associated with the delivery of the footpath and to this end, the applicant has sought to demonstrate that the financial viability of the scheme has materially changed since the determination of the 2010 application. Financial viability information has been submitted by the applicant demonstrating the post approval realised costs and additional costs that have rendered the delivery of the consented footpath financially unviable. The Council instructed independent viability assessors DVS to review the viability information and it was found to be sound and robust.

1.4 Having established that the requirements of the consented condition are not financially viable to deliver, it is then necessary to consider whether the proposed variation to provide a reduced length, 'trod' footpath adequately mitigates the impact of the consented development in terms of highway safety and accessibility. The proposed footpath would consist of a 1.5 metre wide 'trod' footpath with timber edging and a crushed limestone base and would terminate at the boundary of the public house rather than continue beyond and linking with the village green as with the consented scheme.

1.5 The Highways Authority has objected to the proposal. They raise significant concerns about the variation of this application and the non-provision of the footway, which they consider necessary to make the development acceptable in accessibility terms, to the services and facilities within Bradenham. Their concerns are shared by objectors and are duly noted.

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1.6 Of note is the Council's current position with regards to the lack of a five year housing land supply. Policy 11 of the NPPF requires: c) approving development proposals that accord with an up-to-date development plan without delay; or d) where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, granting permission unless: i. the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed or ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.

Whilst the concerns of the HA are recognised and shared by the local authority, they have been weighed against the viability and potential deliverability of the footway, as well as a lack of a five year housing land supply.

1.7 Whilst clearly the reduced length and specification of the trod does not provide the same level of mitigation as the consented scheme, officers are fully cognisant that there is little realistic prospect of the consented footpath being delivered due to the financial viability constraints and the third party difficulties.

1.8 A pragmatic and realistic solution is being proposed by the applicant which would provide a new footpath for the length of the application site as well as the adjoining residential site. Whilst the proposed footpath would not provide a pedestrian link to the village facilities further to the east, the footpath would improve pedestrian safety adjacent to the site and there would be betterment over and above the current situation, providing some level of mitigation.

1.9 Given that it has been established through an independently verified financial viability report that the consented footpath is financially unviable, officers consider that it would be unreasonable for the Council to continue to seek to enforce its delivery. In addition, a trod will be delivered across the frontage of the application site and the adjacent site, with a small section across the frontage of the public house not being delivered. It is considered that the delivery of 11 dwellings (which have been constructed and occupied), would significantly and demonstrably outweigh the loss of this small section of footway, in light of the viability and deliverability information submitted and paragraph 11 of the NPPF, with regard to the Councils current lack of a five year housing land supply.

2.0 Conditions

2.1 The development has been constructed. The relevant conditions from the earlier consent will be updated and applied to this consent, taking into consideration the commencement of development and the approved details. A time condition will not be applied, as is usual practice as variation consent can not be used to extend a time limit and in this instance works have already commenced.

2.2 One of the representations is in relation to landscaping, specifically to the front boundary of the site. One of the conditions relates to this. Members will be updated with regards to this at the Planning Committee.

2.3 A further representation relates to enforcement of conditions. If members choose to grant approval for this application, this would indeed remove the requirement for enforcement as the condition(s) they would be in breech of would have been varied to allow the development, as constructed. If members are minded to refuse consent then appropriate action will be considered.

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2.4 An updated list of conditions will be provided to members via the supplementary report at the Planning Committee.

3.0 Conclusion

3.1 Having regard to all of the above, and particularly bearing in mind the absence of any realistic prospect of the consented footpath being delivered, officers consider that the application should be approved.

RECOMMENDATION That the application be approved subject to conditions.

CONDITIONS 1 In accordance with submitted plans NEW 2017 The development must be carried out in strict accordance with the application form, and approved documents and drawings as set out in the table at the end of this notice. Reason for condition:- To ensure the satisfactory development of the site. 2 Non-standard condition The footpath, hereby approved, shall be completed in accordance with the details shown on the drawing reference CC230 301 B within 6 months of the date of the planning permission, unless otherwise agreed in writing by the local planning authority. Reason for condition:- In the interests of highway safety

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ITEM: RECOMMENDATION: REFUSAL REF NO: 3PL/2019/0065/VAR CASE OFFICER Mark Simmonds

LOCATION: BEESTON APPNTYPE: Variation of Cond's Land at Syers Lane POLICY: Out Settlemnt Bndry Beeston ALLOCATION: N CONS AREA: N

APPLICANT: Rural Land Associates LB GRADE: N c/o Agent AGENT: Icon Consulting TPO: N Hethel Engineering Centre Chapman Way PROPOSAL: Variation of Nos 8,9 on 3PL/2017/0702/O for the Erection of two detached dwellings

REASON FOR COMMITTEE CONSIDERATION The Outline application was originally determined at Committee and there are issues that warrant Committee consideration.

KEY ISSUES The acceptability of the variation of conditions (8) and (9) relating to application 3PL/2017/0702/O.

DESCRIPTION OF DEVELOPMENT This application seeks to vary conditions (8) and (9) which relate to landscaping. The Outline application which this relates to this is for the erection of two detached dwellings.

SITE AND LOCATION The application site relates to a 0.35 hectare site. It is roughly rectangular in shape measuring approximately 70m by 51m. The site is bounded by residential properties and agricultural/open fields. The site itself is bounded by mature trees and hedging at varying heights.

EIA REQUIRED Not required.

RELEVANT SITE HISTORY - 3PL/2018/1205/D: Reserved Matters application relating to the below permission - Withdrawn 06/01/2019

- 3PL/2017/0702/O: Erection of two detached dwellings - Permission granted 25/10/2017

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- 3PL/2016/1385/O: Erection of four detached dwellings - refused

- 3PL/2003/0250/O: Erection of two dwellings - refused 2003

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.10 Natural Environment CP.11 Protection and Enhancement of the Landscape CP.13 Accessibility DC.12 Trees and Landscape NPPF National Planning Policy Framework NPPG National Planning Practice Guidance

OBLIGATIONS/CIL Not applicable.

CONSULTATIONS

CONTAMINATED LAND OFFICER No comments. NORFOLK COUNTY COUNCIL HIGHWAYS You will be aware that I have advised the ditch works submitted as part of this proposal have not been approved by the Lead Local Flood Authority and consequently there is no guarantee they can be implemented. On that basis, provided the applicant is made aware that the submitted ditch works will require separate approval and that all previous conditions are re-imposed, this Authority would not raise any objections to the variation of Conditions 8 and 9. TREE AND COUNTRYSIDE CONSULTANT I would consider that the loss of trees and hedging along the site frontage, abutting Syers lane would be harmful to the setting and detrimental to the rural nature of the lane.

ECOLOGICAL AND BIODIVERSITY CONSULTANT No Comments Received

REPRESENTATIONS A Site Notice was displayed on 21st February 2019, advertised in the EDP and seven neighbours directly

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Two neighbour representations have been received - both objecting, their comments are below.

- In the initial planning meeting regarding this application, the residents of Syers Lane vigorously objected to the proposed removal of this hedgerow in order to make way for the suggested road widening to accommodate two new houses. The residents presented to the councillors evidence of the historical and ecological importance of this hedgerow by quoting the Tree Consultant Hugh Coggles' findings, reported on 08.08.17:

"My only concern relates to the hedge along the site frontage of Syers Lane. The hedge is certainly over 20 metres long and older than 30 years. The mix of species and associated features may well mean that the hedge would be recognised as being important under the 1997 hedgerow regulations. The presumption is in favour of protecting and retaining important hedgerows."

The importance of this old hedgerow, which is abundant in wildlife, flora and fauna still stands, and so do the objections of Syers Lane's residents to its proposed destruction.

- I wish to object to the proposed removal of the hedge and widening of Syers Lane that is proposed in this application. This is the last rural country Lane in Beeston, and is highly valued by Beeston residents . Any widening of Syers Lane will lead to the eventual widening of the whole of Syers Lane, and the country Lane will disappear as it will become another residential street. Please see attached the photograph of Sweet Violets that are currently in bloom on the bank. If the Lane is widened this beautiful display of wild flowers will be destroyed. Has the bank been surveyed to determine what other wild flower species are there? The residents of Syers Lane are very strong in their belief that Syers Lane should be preserved as a country lane, and their views should take preference over people outside the village who want to make money. The residents have the support of our County Councillor Elizabeth Gould, who has written to you separately on this issue.

The Ward Representative, Elizabeth Gould, objects to the proposals and commented as follows:

- This is an ancient narrow leafy lane and should be preserved where ever possible. Lanes like these are getting fewer and fewer and a recent application on The street in Beeston was refused due to impact on the hedge. Please stop the destruction of these lane which help create the character of Norfolk's rural villages.

ASSESSMENT NOTES 1.0 In deciding an application under section 73, the Council may only consider the question of the conditions subject to which planning permission should be granted. A complete re-consideration of the proposal cannot be undertaken.

2.0 This application seeks to vary two conditions which were attached to the Outline permission. A reserved matters application has recently been withdrawn following this councils advice that due to the conflict between the need to provide 4.8m road width and to retain the hedge, which were both shown on the Outline Plans as achievable and conditioned accordingly, but which appears to not actually be possible, the only way forward was to submit a Section 73 application as a way of 'regularising' the issued Outline Consent reference 3PL/2017/0702/O.

2.1 Condition 8 stated that:

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''No development whatsoever shall take place until the plans and descriptions giving details of the reserved matters referred to above shall have been submitted to and approved by the Local Planning Authority and these plans and descriptions shall provide for a landscaping and tree planting scheme, which shall take account of any existing trees or hedges on the site. Landscape plans for the development should include native species of local provenance and preferably berry/fruit bearing trees and shrubs. The landscaping and tree planting shall be carried out in accordance with the scheme as approved during the planting season of the November/March immediately following the commencement of the development, or within such longer period as may be agreed in writing, with the Local Planning Authority, and in accordance with the Council's leaflet "Tree pack" (Landscaping advice for applicants).

Any trees or plants which within a period of 5 (five) years from the completion of the landscaping scheme die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with others of the same size and species unless the Local Planning Authority gives written consent to any variation.''

2.2 Condition 9 stated that:

''The trees, hedgerows and scrub/tall ruderal borders have biodiversity value and should be retained and protected from development impacts. No development shall take place until details of the no-dig design, positioning and extents together with an arboricultural method statement and tree protection plan has been submitted to and approved in writing. The development shall be undertaken in accordance with the approved details."

2.3 Policy DC12 seeks to preserve the District's trees, hedgerows and other natural features and secure appropriate landscaping schemes to mitigate the impact of, and complement, new development.

2.4 The Tree and Countryside Consultant has previously advised that there was concern relating to the hedge along the site's frontage of Syers Lane. The hedge is over 20 metres long and older than 30 years. The mix of species and associated features may well mean that the hedge would be recognised as being important under the 1997 Hedgerow Regulations. Their is a presumption is in favour of protecting and retaining important hedgerows. It was advised that it was not clear if the hedge could be retained whilst achieving the required highways visibility and/or road widening.

2.5 The Tree and Countryside Consultant has been consulted on this application to vary these conditions and advises that the loss of trees and hedging along the site frontage, abutting Syers lane would be harmful to the wider setting and detrimental to the rural nature of the lane.

2.6 Therefore, the proposals conflict with Policy DC12 which seeks to protect the District's trees, hedgerows and other natural features, in addition, the hedge is recognised as being important under the 1997 Hedgerow Regulations and the presumption is in favour of protecting and retaining these important hedgerows.

3.0 Highways Impact

3.0 The NPPF requires new developments to provide safe and suitable access to the site for all people. Policy CP4 seeks to ensure that all access and safety concerns are resolved in new developments.

3.1 The Highways officer has been consulted and advises that the ditch works submitted as part of this proposal have not been approved by the Lead Local Flood Authority and consequently there is no guarantee they can be implemented. On that basis, provided the applicant is made aware that the submitted ditch works

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3.2 Therefore, subject to the proposals being approved by the Lead Local Flood Authority, the proposals would comply with Policy CP4.

4.0 Ecology

4.1 Policy CP10 seeks to protect the natural environment including protected species and Policy CP11 seeks the protection and enhancement of the landscape for the sake of its intrinsic beauty and benefit to the rural character. Development should have particular regard to maintaining the aesthetic and biodiversity qualities of natural and man-made features within the landscape, including consideration of individual or groups of natural and man-made features such as trees, hedges and woodland or rivers, streams or other topographical features.

4.2 The Natural Environment Team have been consulted and advise that The Ecological Surveys Report (BiOME Consulting; Aprilt 2017) submitted in support of the outline application states 'following discussions with the client, at this stage it has been decided that no felling/pruning works will be undertaken as part of the proposed works. Should this change, the standing advice detailed below will stand. If these trees are now proposed for removal further surveys will be required prior to the planning application being determined. 'The few mature and semi-mature trees in the bordering hedgerows have the potential to support roosting bats. Should any felling/pruning of these trees be required then further bat survey works will be necessary to establish whether bats use any of these trees for roosting.'

4.3 However, from publicly available aerial sources the trees do not appear to be of a size and age usually associated with features used by roosting bats and no further survey is therefore considered necessary. It will be necessary to compensate for the loss of this section of hedgerow by in-filling gaps and additional planting as shown on the site plans.

4.4 As a result, it is considered that the proposal complies with Policy CP10 and the NPPF.

5.0 National Planning Policy Framework (NPPF 2019)

5.1 Since March 2018, when planning permission was originally granted for this site, despite the Core Strategy remaining unchanged, the primary development plan document for determining planning applications, the revised NPPF (2018 and 2019) has been adopted. In accordance with the Planning Act and paragraph 47 of the NPPF (2019), decisions must be made in accordance with the adopted development plan, unless material planning considerations indicate otherwise. The NPPF (2019) is a significant material planning consideration. However, it is not considered that the revised NPPF (2019), significantly changes the policy position with regards to this proposal and Policy 5 remains supportive of the delivery of housing.

6.0 Conclusion

6.1 The proposal to vary the two conditions which both relate to landscaping, trees and hedgerow, are deemed unacceptable due to the loss of important hedgerow, recognised as being important under the 1997 Hedgerow Regulations. The presumption is in favour of protecting and retaining important hedgerows. The proposals therefore conflict with policy DC12 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009 and paragraph 170 of The NPPF (2019).

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RECOMMENDATION This application is recommended for refusal.

REASON(S) FOR REFUSAL 1 Important Hedgerow protection reason for refusal The proposal to vary the two conditions which both relate to landscaping, trees and hedgerow, are deemed unacceptable due to the loss of important hedgerow, recognised as being important under the 1997 Hedgerow Regulations. Their is a presumption is in favour of protecting and retaining important hedgerows. The proposals therefore conflict with policy DC12 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009 and paragraph 170 of The NPPF (2019).

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ITEM: RECOMMENDATION: REFUSAL REF NO: 3PL/2018/1338/O CASE OFFICER Naomi Minto

LOCATION: BEESTON APPNTYPE: Outline Syers Lane POLICY: Out Settlemnt Bndry Beeston ALLOCATION: N CONS AREA: N

APPLICANT: Miss K Townshend LB GRADE: N Herne Hill Farm Beeston AGENT: JWM Design TPO: N 23 Litcham Road Mileham PROPOSAL: Proposed 2 no dwellings & garages

REASON FOR COMMITTEE CONSIDERATION The application is referred to Planning Committee at the request of a Councillor.

KEY ISSUES - Principle of Sustainable Development - Design and Impact on the Character and Appearance of the area - Amenity Impact - Highway Impact - Impact on Trees / hedgerows - Other matters

DESCRIPTION OF DEVELOPMENT This application seeks Outline planning permission for the erection of two detached, four bedroom dwellings with detached double garages, parking provision and external amenity space on land currently used to graze horses. The Outline application is for all Matters Reserved, although the supporting documents do provide details for illustrative purposes so are indicative but the details would be for the Reserved Matters stage. Submitted Plans indicate that the existing site access would be closed off and a revised site access provided onto Syers Lane.

SITE AND LOCATION The application site relates to a 0.18 hectare site and is roughly square in shape. It is located outside of the defined Settlement Boundary of Beeston. Residential properties are located to the west and east of the site, with agricultural land to the north. Syers Lane is to the south of the site with residential development (existing and approved under reference 3PL/2017/0702/O) beyond that. The site itself is bounded by mature trees and hedging at varying heights on the north, east and south boundary, whilst to the west is low level fencing.

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EIA REQUIRED Not required.

RELEVANT SITE HISTORY No relevant history.

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.01 Housing CP.04 Infrastructure CP.09 Pollution and Waste CP.14 Sustainable Rural Communities DC.01 Protection of Amenity DC.02 Principles of New Housing DC.12 Trees and Landscape DC.16 Design NPPF National Planning Policy Framework NPPG National Planning Practice Guidance SS1 Spatial Strategy

OBLIGATIONS/CIL Not applicable.

CONSULTATIONS

BEESTON P C No objection. TREE AND COUNTRYSIDE CONSULTANT Heavily reliant on highways requirements and whether or not the hedgerow on the site frontage can be retained. If the hedgerow requires removal it will be necessary to provide details in order to establish if the hedge would be classed as being important CONTAMINATED LAND OFFICER No objection, subject to conditions.

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ECOLOGICAL AND BIODIVERSITY CONSULTANT No Comments Received

REPRESENTATIONS A site notice was erected on 29 November 2019 and three neighbours consulted. Twelve responses were received, which included eight objections and four letters of support. The main points raised during the consultation process are noted below;

Objection - Surface water drainage issues - Adverse impact upon amenity - overbearing, loss of privacy - Adverse impact on character and appearance of immediate area - Adverse impact on ecology - Adverse impact on trees / hedgerows - Insufficient infrastructure (services and facilities) in Beeston to cope with additional development - Adverse impact on highway safety - unlit / unpaved road - Outside settlement boundary - Greenfield site

Support - Ideal location - infill site - Walking distance to primary school which has capacity to take on new pupils. - Will support local facilities and services, including those in Litcham - Contributes to housing shortfall - Precedent set opposite the site with two dwellings approved - Sustainable location

ASSESSMENT NOTES 1.0 Principle of Development

1.1 This application seeks Outline planning permission for the erection of two detached, four bedroom dwellings with detached double garages, parking provision and external amenity space on land outside of any defined Settlement Boundary (although it is in close proximity to Beetson Settlement Boundary). For this reason, the proposal conflicts, in principle, with Policies SS1, DC2 and CP14 of the adopted Core Strategy and Development Control Policies Development Plan Document, (2009), which seek to focus new housing within defined Settlement Boundaries.

1.2 However, paragraph 11 of the NPPF (2019) states that where an authority does not have an up-to-date Development Plan or five year housing land supply, the relevant local policies for the supply of housing, as referred to above, should not be considered up-to-date and that housing applications should be considered in the context of the presumption in favour of sustainable development.

1.3 The Statement of Five Year Housing Land Supply as at 31st March 2017 was published in July 2017. This outlined that the District did not benefit from having a five year supply of housing land (it could only demonstrate a 4.6 years housing land supply). A further update on the Council's 5 year housing land supply was issued on 30 July 2018 advising that the Council could demonstrate a 4.77 year housing land supply.

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However, this still falls below the required 5 years. In these cases the NPPF makes provision, in principle, for Local Planning Authorities to positively consider sites that are not within defined Settlement Boundaries. This must be balanced against other policy requirements and aims including securing sustainable development, protecting the countryside, and good design.

1.4 The NPPF constitutes guidance for local planning authorities and decision-takers and is a material consideration in the determination of planning applications to achieve sustainable development. The Government outlines three overarching objectives to sustainable development: economic, social and environmental (paragraph 8). These are interdependent and need to be pursued in mutually supportive ways:

- an economic objective - contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure;

- a social objective - supporting strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations; and by fostering a well-designed and safe built environment, with accessible services and open spaces that reflect current and future needs and support communities' health, social and cultural well-being; and

- an environmental objective - contributing to protecting and enhancing our natural, built and historic environment; including making effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy.

1.5 Paragraph 9 of the NPPF (2019) states that these objectives should be delivered through the preparation and implementation of plans and the application of the policies in the NPPF. Planning policies and decisions should play an active role in guiding development towards sustainable solutions, but in doing so should take local circumstances into account, to reflect the character, needs and opportunities of each area.

1.6 In terms of the economic and social criteria, the proposal would provide two new dwellings and would therefore make a positive, albeit small contribution to the housing supply. The proposal would provide limited short-term economic benefits through labour and supply chain demand required during construction. However, given the small scale nature of the development these benefits are not considered to be significant and not definitive in this instance.

1.7 The social role of sustainable development seeks to ensure, amongst other matters, the creation of a high quality built environment with accessible local services. Policy SS1 of the adopted Core Strategy describes seven types of place and their potential to accommodate new development. Beeston is a rural settlement for the purposes of the policy, and has only nominal allocated housing growth due to its minimal local services. The site is not located within a defined settlement boundary and is therefore in the countryside.

1.8 It is however noted that the settlement boundary of Beeston is located nearby. Beeston has minimal services and facilities available, including a bus stop (offering a very limited service), school, church, a village hall and green. Occupants of the development may provide a level of support to the limited services and facilities available in Beeston, however this would be minimal given the proposal is only for two dwellings. Furthermore, the route from the site to the services and facilities available within the village, whilst not too far away, would still involve navigating along an unpaved, unlit and narrow country lane. In addition, the services and facilities available would not meet day-to-day needs of future occupants of the proposed

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1.9 It is acknowledged that the neighbouring village of Litcham has more services and facilities. However, the route from the site is predominantly along narrow, unlit and unpaved roads. Given these elements and the distance involved (approximately 2.5 miles between the site and Litcham), future occupants are unlikely to regularly walk or cycle and would therefore more likely rely on the use of the private car to meet daily needs. In this respect the proposed residential development would not be in a suitable location.

1.10 Furthermore, whilst it is acknowledged that planning permission was granted for two dwellings almost directly opposite the site in October 2017 (planning reference 3PL/2017/0702/O), since then a number of planning Appeals in relation to development in Beeston have been dismissed consistently siting that Beeston is not a sustainable location for development.

1.11 In an Appeal decision (APP/F2605/W/17/3182476, 28th November 2017), the Inspector dismissed an Appeal for two dwellings in Beeston, stating that:

"Beeston village ... has a limited range of services, including a school and public house. The distances from the Appeal site to these services, along mainly unlit roads without pavements, would not make these conveniently accessible by means other than private car."

1.12 In a further Appeal decision (APP/F2605/W/18/3201174, dismissed for 2 new dwellings in Beeston, dated 28th January 2019), the Inspector considered the proximity of the development to services. The Inspector acknowledged that the NPPF indicates that opportunities to maximise sustainable transport solutions will vary between urban and rural areas. However, it also states that the planning system should actively manage patterns of growth in support of sustainable transport objectives. The Inspector concluded that the proposal failed to provide a suitable site for housing, having regard to the proximity of services that could realistically meet daily needs of future occupants.

1.13 It is concluded that the development would not be in a sustainable location in the context of recent Appeal decisions, as well as relevant local planning policy, including Policies SS1, CP14 and DC2 of the adopted Core Strategy. It also conflicts with the sustainable development objectives of the NPPF (2019).

2.0 Design and Impact on the Character and Appearance of the area

2.1 The environmental role of sustainable development seeks to, in part, contribute to protecting and enhancing the natural, built and historic environment. Consideration of a development's impact on the character and appearance of the area within which it is situated is, therefore, integral to the environmental dimension of sustainable design, as is its design.

2.2 Policy DC16 requires all new development to achieve the highest standard of design. As part of this, all design proposals must preserve or enhance the existing character of an area. Consideration will also be given to the density of buildings in a particular area and the landscape/ townscape effect of any increased density.

2.3 The design and landscaping is not for consideration at this stage and is for the Reserved Matters stage. The submitted plans show an indicative layout, which has been amended during the course of the application process.

2.4 The space that surrounds buildings is just as important as the buildings themselves. Given the nature of the area with residential development being located in fairly large plots of land, the siting and plot size for the

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3.0 Impact on amenity

3.1 Policy DC1 of the adopted Core Strategy seeks to protect residential amenity and requires all new development to have regard to amenity considerations. It states that development will not be permitted where there are unacceptable effects on the amenity of neighbouring residents and future occupants.

3.2 The indicative plan details how the site could be developed which is considered broadly acceptable from a residential amenity viewpoint. Further details would be necessary at a reserved matters stage. However, amenity concerns could likely be successfully controlled by condition. The proposal therefore, is considered to comply with Policy DC1 of the adopted Core Strategy, subject to detailed design reserved for future consideration.

4.0 Highways Impact

4.1 The NPPF requires new developments to provide safe and suitable access to the site for all people. Policy CP4 of the adopted Core Strategy seeks to ensure that all access and safety concerns are resolved in new developments.

4.2 The Highway Authority has advised that whilst it is accepted that the application is submitted in Outline with all matters reserved for future consideration, there has to be a realistic opportunity of it being deliverable. With that in mind, the Highway Authority requested the applicant to obtain approval from the Lead Local Flood Authority in relation to the principle of piping the ditch along the site frontage to facilitate road widening.

4.3 In addition, the Highway Authority noted that the site is located on the inside of a bend on Syers Lane and therefore in order to achieve the required visibility splay of 2.4 metres by 43 metres, the established hedgerow on the southern boundary would likely be adversely affected as a significant proportion would need to be removed.

4.4 It is noted that the applicant has submitted an amended plan (Road Frontage Works and Site Layout Plan, Drg. no: 1190/3) to address the Highway Authority's comments. This information was received at the latter end of March 2019 and as such, the Council awaits further comment from the Highway Authority. That said, it is accepted that this is an Outline application, with all matters reserved and therefore the Highway points mentioned above would need to be satisfactorily dealt with at reserved matters stage.

5.0 Impact on trees / hedgerows

5.1 Policy DC12 of the adopted Core Strategy states that any development that would result in the loss of, or the deterioration in the quality of an important natural feature(s), including protected trees and hedgerows will not normally be permitted. Following consultation, the Tree and Countryside Officer advised that the proposal is heavily reliant on highway requirements and whether or not the hedgerow on the site frontage can be retained. The Tree and Countryside Officer states that if the hedgerow requires removal it will be necessary to provide details in order to establish if the hedge would be classed as being important.

5.2 Following the Tree and Countryside Officer's comments, the applicant submitted a Hedgerow Appraisal in support of the application. Whilst it is noted that the assessment concludes that the hedgerow is not legally protected under The Hedgerow Regulations 1997, the Appraisal was submitted in the latter part of March 2019 and therefore the Council is currently awaiting further comment from the Tree and Countryside

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Officer on the latest material received.

5.3 Therefore, at this moment in time, it is not clear whether the application accords with Policy DC12 of the adopted Core Strategy and the requirements of the revised NPPF (2019). Members will be updated at Committee with the Tree and Countryside Officer's response.

6.0 Other issues

6.1 Policy CP9 of the adopted Core Strategy seeks to ensure that development minimises any unavoidable polluting effects and the development's design should actively seek to minimise or mitigate against all forms of pollution. The Contaminated Land Officer was consulted on this application and raised no objections, subject to conditions relating to ground gas protection measures and unexpected contamination. In addition, an informative relating to extensions is also recommended. In light of the above, the application is considered to accord with Policy CP9.

7.0 Conclusion

7.1 The proposal is for Outline permission for two dwellings with all matters reserved. The Council does not have a five-year housing land supply as required under paragraph 11 of the NPPF (2019). Paragraph 11 states that where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, on the basis that the local planing authority cannot demonstrate a five-year supply of deliverable housing sites, the presumption in favour of sustainable development, as set out in paragraph 8 of the NPPF, should be applied. This means granting planning permission, unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF taken as a whole. Paragraphs 7 and 8 of the NPPF establishes that the purpose of the planning system is to contribute to the achievement of sustainable development, based upon it performing economic, social and environmental objectives, which are interdependent and need to be pursued in mutually supportive ways.

7.2 The proposal would provide limited social benefit in helping to boost the supply of housing and help redress the Council's five year deficit. There would be limited economic benefit through the construction and maintenance of the houses and the expenditure of future occupants in terms of supporting services. These limited benefits would be significantly and demonstrably outweighed by the adverse impact of the proposal in respect of a high dependence upon private car use to meet daily needs. The proposal, therefore, would not gain support through the presumption in favour of sustainable development set out in paragraph 11 of the NPPF (2019). The proposal would conflict with the aims of Policies SS1, CP14 and DC2 and paragraphs 8 and 11 of the NPPF (2019).

7.3 Accordingly, the application is recommended for refusal for the reasons outlined above.

REASON(S) FOR REFUSAL 1 Non-std reason for refusal The site is situated in an unsustainable location and thus residents would be highly reliant on the motor vehicle to access all facilities required to meet day-to-day needs. This would be contrary to Policies SS1, CP14 and DC2 of the adopted Core Strategy and Development Control Policies Development Plan Document (2009) and the three dimensions of sustainable development outlined in the NPPF (2019), having particular regard to

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paragraphs 8 and 11.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 144 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 Agenda Item 10g

ITEM: RECOMMENDATION: APPROVAL REF NO: 3PL/2019/0161/VAR CASE OFFICER Rebecca Collins

LOCATION: BRETTENHAM APPNTYPE: Variation of Cond's Melton Paddocks Shadwell POLICY: Out Settlemnt Bndry Brettenham ALLOCATION: N CONS AREA: N

APPLICANT: Shadwell Estate Company Ltd LB GRADE: N C/O Agent AGENT: KWA Architects (Cambridge) Ltd TPO: N Chalk Farm High Street PROPOSAL: Variation of Condition No 2 & removal of condition 3 on 3PL/2017/0199/F (Change of use to quine use and erection of two new yards inc. dwelling & garage, barns, horse walker & access roads)

REASON FOR COMMITTEE CONSIDERATION The application is, as defined by the scheme of delegation, a major planning application and is therefore referred to Planning Committee for this reason.

KEY ISSUES Principle Are the amendments deemed acceptable? Have there been any changes to the adopted development plan or material planning considerations, which would prevent planning permission being granted? Conditions

DESCRIPTION OF DEVELOPMENT The proposal is to vary condition 2 and remove of condition 3 of planning permission 3PL/2017/0199/F for a change of use to equine use and erection of two new yards each including a dwelling and garage, barns, horse walker & access roads.

SITE AND LOCATION The application site is located outside of any defined Settlement Boundary and currently forms a number of agricultural fields to the east of Melton Paddocks. The site is bounded to the north by the A1066, to the east by agricultural land, to the south by agricultural land and woodland and to the west by the existing Shadwell Estate at Melton Paddocks.

To the north east of the site on the opposite side of the A1066 is the SPA and SSSI. To the north, approximately 320m from the site is the SPA Stone Curlew Buffer Zone, which also lies approximately 750m

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EIA REQUIRED No

RELEVANT SITE HISTORY

3PL/2017/0199/F Permission 05-03-18 Change of use to equine use and erection of two new yards inc. dwellings & garage, American barn, straw barn, horse walker to each & access roads

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.01 Housing CP.10 Natural Environment CP.11 Protection and Enhancement of the Landscape CP.14 Sustainable Rural Communities DC.01 Protection of Amenity DC.02 Principles of New Housing DC.12 Trees and Landscape DC.16 Design DC.17 Historic Environment DC.19 Parking Provision NP Neighbourhood Plan NPPF National Planning Policy Framework NPPG National Planning Practice Guidance

OBLIGATIONS/CIL Not Applicable

CONSULTATIONS

BRETTENHAM AND KILVERSTONE PARISH COUNCIL No comment.

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HISTORIC BUILDINGS CONSULTANT No objection. NORFOLK COUNTY COUNCIL HIGHWAYS The amendments do not appear to affect access arrangements and therefore I would not wish to raise an objection subject to all previous highway conditions being re-imposed. FLOOD & WATER MANAGEMENT TEAM The Lead Local Flood Authority has no comments to make. CONTAMINATED LAND OFFICER No objections or further comments on the grounds of Environmental Protection, providing the development proceeds in line with the application details. PUBLIC RIGHTS OF WAY OFFICER No objection to the application as although Brettenham Footpath 2 is in the vicinity it is unaffected by the proposals.

ECOLOGICAL AND BIODIVERSITY CONSULTANT No Comments Received TREE AND COUNTRYSIDE CONSULTANT No Comments Received

REPRESENTATIONS None.

ASSESSMENT NOTES 1.0 Principle of Development

1.1 The proposal is to amend the earlier extant planning permission (3PL/2017/0199/F) for equine use and erection of two new yards, each yard including a dwelling & garage, American barn, straw barn, horse walker and access roads. This proposal is to amend condition 2 and this consent, as follows:

1. Replace approved circular horse walker with an oval horse walker. 2. Replace approved dwelling (165sqm) with a smaller dwelling more suitable to stud farm worker's needs (141sqm). 3. Include Lunge Ring on Yard 2 as well as Yard 1 to ensure both yards are exactly the same. 4. Increase Turnout Barn by 1 bay to allow two smaller turn out barns meaning less conflict between horses when in use. 5. Increase Hay Barn by 2 bays to incorporate implements as well as hay and bedding.

Condition 3 (materials) is proposed to be removed, as additional information which has been submitted to address the requirements of this condition.

1.2 Given the granting of the earlier consent, the principle of development is considered to be established in this location, subject to the acceptability of the proposed variations, as outlined above, which have been further discussed below, along with any relevant policy considerations.

2.0 Are the amendments deemed acceptable?

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2.1 Each of the proposed amendments have been addressed, as follows:

1. Replace approved circular horse walker with an oval horse walker.

This is a minor amendment to the original permission, the overall design and scale of the proposal remains the same, albeit a different shape. Given the sites location and distance from the public realm, and taking into account the earlier consent, this is considered an acceptable amendment, unlikely to affect either the character of the area or the amenity of the proposed dwelling in accordance with Policies DC1 and DC16 of the Core Strategy. The materials proposed of grey metal profiled sheeting and wire mesh are also considered acceptable given its proposed use.

2. Replace approved dwellings (165sqm) with smaller dwellings more suitable to stud farm worker's needs (141sqm).

This part of the proposal is to reduce the size and scale of the previous dwellings permitted. These dwellings were previously conditioned with occupancy restrictions and considered acceptable on this basis. Therefore, the principle of development has been established by the granting of the earlier consent. However, the design of the dwellings has been amended and detailing proposed to the elevations, reduced. Although, not as sympathetic in detailing to that of the wider estate, the Historic Buildings officer has raised no objections. The simpler cottage, as proposed, is considered suitable not only for farm workers needs but it would be less intrusive in the wider landscape. The proposal is therefore considered in accordance with Policy DC16.

The dwellings are suitably distanced from the other parts of the proposals and the resultant dwelling and surrounding space is sufficient to protect the amenity of future occupants, especially as these will be tied to the wider use of the yard. The proposal is therefore considered in accordance with DC1 of the Core Strategy.

The materials proposed for the dwellings include red/orange brick and pantiles which are considered sympathetic to the materials on the wider estate and are acceptable.

3. Include Lunge Ring on Yard 2 as well as Yard 1 to ensure both yards are exactly the same.

The inclusion of a fenced lunge ring, as approved on yard 1 is not considered to significantly alter the character or form of development in this location and as with yard 1, this part of the proposal would sit sympathetically with the adjacent development proposed. The proposal is therefore considered in accordance with Policy DC16 also.

This is to be timber fenced, which is considered acceptable in this context.

4. Increase Turnout Barn by 1 bay to allow two smaller turn out barns meaning less conflict between horses when in use.

The increase in size of the turn out barn by one bay is not considered to significantly add new development in this location and would be seen on the backdrop of the existing permitted barn and hay barn. Therefore, this not considered to have an unacceptable impact on the character of the area. Due to the spacing between this and the adjacent proposed dwellng(s) there is unlikely to be a conflict in residential amenity terms either. This part of the proposal is therefore considered in accordance with Policies DC1 and DC16 of the Core Strategy.

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The materials proposed for the turn out barn are to be timber boarding on a concrete plinth with fibre cement sheeting, these materials are considered appropriate for this use and the wider character of the area.

5. Increase Hay Barn by 2 bays to incorporate implements as well as hay and bedding.

The increase in the size of the hay barn by two bays is not considered to significantly add new development in this location and would be seen on the backdrop of the existing permitted barn and turn out barn and therefore is not considered to have an unacceptable impact on the character of the area. Due to the spacing between this and the adjacent proposed dwellng(s) there is unlikely to be a conflict in residential amenity terms either. This part of the proposal is therefore considered in accordance with Policies DC1 and DC16 of the Core Strategy.

The materials proposed for the turn out barn are to be timber boarding on a concrete plinth with fibre cement sheeting, these materials are considered appropriate for this use and the wider character of the area.

6. Removal of condition 3 (materials)

The application includes a material schedule pursuant to condition 3 of planning permission 3PL/2017/0199/F, which this application seeks to vary. The submitted details are considered appropriate, as set out above, to discharge condition 3, as the materials proposed are sympathetic to the wider surroundings and landscape in accordance with Policy DC16 of the Core Strategy. Condition 3 would not be removed on this basis but updated to reflect the approved materials.

2.2 Heritage Assets There is a Grade II Listed Building to the south-west of the application site. However, the variations proposed are significantly distanced and given the earlier consent unlikely to further harm the setting or significance of this Listed Building. This variation does not significantly amend the earlier situation in terms of the Listed Building and the proposal is therefore considered in accordance with Policy 16 of the NPPF (2019) and Policy DC17 of the Core Strategy, as well as sections 16 and 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

2.3 Ecology The site lies adjacent to the SPA. Natural England and our ecologist have been consulted in this regard and their responses are awaited. These will be reported to members at the Planning Committee. However, given the modest changes proposed to the scheme and that development lies in the same area as previously approved then it seems unlikely that an objection would be made on the grounds of ecology in accordance with Policy 15 of the NPPF (2019). The previously approved application required the imposition of conditions with regards to lighting; mitigation measures; and construction of new roads, these would be imposed on any subsequent consent.

2.4 Highways It is not considered that the proposals would change traffic movements associated with this development from that previously approved and therefore as per the previous assessment there is considered no impact on highway safety subject to conditions relating to visibility splays, access, parking, servicing etc, and an informative relating to the boundary with the public highway, as previously suggested.

2.5 Amenity As per the previous assessment, other neighbouring properties are sufficiently distanced from the proposals so as not to be impacted in amenity terms. The proposal is therefore considered in accordance with Policy DC1 of the Core Strategy.

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3.0 Have there been any changes to the adopted development plan or material planning considerations, which would prevent planning permission being granted?

3.1 National Planning Policy Framework (NPPF 2019) Since March 2018, when planning permission was originally granted for this site, despite the Core Strategy remaining unchanged, the primary development plan document for determining planning applications, the revised NPPF (2018 and 2019) has been adopted. In accordance with the Planning Act and paragraph 47 of the NPPF (2019), decisions must be made in accordance with the adopted development plan, unless material planning considerations indicate otherwise. The NPPF (2019) is a significant material planning consideration. However, it is not considered that the revised NPPF (2019), significantly changes the policy position with regards to this proposal, as the amendments are considered to align with the requirements of Policy 12 of the NPPF, which seeks to protect the character of an area, Policy 15 of the NPPF which seeks to protect and enhance ecology and Policy 16, which seeks to protect heritage assets and their setting, as well as other relevant policies.

3.2 The emerging Local Plan, although having been through examination, is currently out to consultation on the main modifications and therefore at this time can only be afforded limited weight. However, it is not considered that this document would significantly change the recommendation for this application.

3.3 Since the granting of the earlier consent the Croxton, Kilverstone and Brettenham Neighbourhood Plan has been successfully passed at referendum. The relevant policies and a summary of them has been provided to inform the decision on this application:

- POLICY JNP1: Housing Design and Material - Requires high quality design. - POLICY JNP3: Enhancing village gateways and protecting local landscape character. - POLICY JNP 5: Historic Environment - New development proposed, in close proximity, to designated or non-designated heritage assets should take account of the historic fabric of the area and preserve or enhance the character or appearance of the Croxton Conservation Area, protect the significance of the Listed Buildings, protected trees, and/or other heritage assets as identified in the relevant Character Appraisal. - POLICY JNP6: Natural Environment - New developments will need to consider direct and indirect impacts to the European Protected Sites and SSSIs and where possible existing natural features such as trees or hedgerows, should be retained and enhancements made. - POLICY JNP7: Transport and Highway Safety - Development will be expected to ensure that there is no detriment to highway safety. - POLICY JNP9: Employment - New employment uses appropriate to a rural area, will be supported, provided they do not have a significant adverse impact on the character of the area or the amenity of residents. - POLICY JNP14: Brettenham and Kilverstone Character Appraisal - The Character Appraisal for Brettenham identified the following as important and distinctive materials and details that contribute to the overall character and local distinctiveness of the parish: a) Brick and render, Brick with Flint facades b) Tiled or slate roofs - occasional thatch roofs

It is not considered that these policies and considerations materially change the conclusions and recommendation of the earlier permission. The materials proposed are also considered consistent with Policy JNP14.

3.5 It is not considered that there has been significant change to either the development plan or the NPPF

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(2019) to warrant refusal of planning permission and it is considered that the proposals remain consistent with the key objectives of both the development plan and the NPPF (2019) and therefore the application is recommended for approval.

4.0 Conditions

4.1 Other than the variation of conditions 2 and 3, as set out above, all other relevant conditions previously proposed are to be added to this consent. The time condition will be updated to reflect that of the earlier consent, as is usual practice, as a variation of condition application can not be used to extend a time limit.

5.0 Conclusion

5.1 The application is considered in principle acceptable and the amendments minor in nature and do not significantly impact either the character of the area, highways safety, heritage or amenity. The application is therefore recommended for approval, subject to the conditions as set out above and no objection being raised from our ecologist or Natural England to the proposals.

RECOMMENDATION Recommended for approval, subject to the conditions listed below and no adverse comments being received from Natural England or the Council's own ecologist.

CONDITIONS 1 Non Material Amendment The development hereby permitted shall be begun on or before 27 March 2018. Reason for Condition:- As required by section 91 of the Town and Country Planning Act 1990. 2 In accordance with submitted plans NEW 2017 The development must be carried out in strict accordance with the application form, and approved documents and drawings as set out in the table at the end of this notice. Reason for condition:- To ensure the satisfactory development of the site. 3 External wall and roof materials to be agreed The materials to be used in the construction of the development hereby approved shall be as set out in the submitted Materials Report 969/MR dated 11th February 2019, unless otherwise first agreed in writing by the Local Planning Authority. Reason for condition:- To enable the Local Planning Authority to control the colour, tone, texture and appearance of the materials used to ensure the satisfactory appearance of the development, as required by Policy DC 1 and DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 4 Occupancy restriction The occupation of the two workers dwellings shall be limited to persons solely or mainly employed by the Equine Business at Shadwell Estate, or a dependant of such person residing with him or her, or a widow or widower of such a person, and to any resident

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dependants. Reason for condition:- The development site is outside an area where Local Planning Policies normally permits residential development and permission has been granted in this instance having regard to the needs of the particular rural enterprise. 5 Provision of visibility splays - conditioned Prior to the commencement of the use hereby permitted a visibility splay measuring 4.5 metres x 215 meters shall be provided to each side of the access of the main site access where it meets the highways and such splays shall thereafter be maintained at all times free from obstruction exceeding 1.0 meters above the level of the adjacent highway carriageway. Reason for condition:- In the interest of highway safety. This condition will require to be discharged 6 Existing access - closure Vehicular and pedestrian (and cyclist) access to and egress from the adjoining highway shall be limited to the access(es) shown on drawing No 969-04 rev A only.Any other access(es) or egresses shall be permanently closed, and the footway/highway verge shall be reinstated in accordance with a detailed scheme to be agreed with the Local Planning Authority in consultation with the Highway Authority, concurrently with the bringing into use of the new access. Reason for condition:- In the interests of highway safety. 7 Provision of parking and servicing - when shown on plan Prior to the first occupation of the development hereby permitted the proposed access / on- site car and cycle parking / servicing / loading, unloading / turning / waiting area shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and retained thereafter available for that specific use. Reason for condition:- To ensure the permanent availability of the parking / manoeuvring area, in the interests of highway safety. 8 Contaminated Land - Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with details to be agreed in writing with the Local Planning Authority. Where remediation is necessary, a remediation scheme must be submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report shall be submitted to and approved in writing by the Local Planning Authority. Reason for condition:- To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

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This condition is imposed in accordance with CP9 of the Breckland Adopted Core Strategy. This condition will require to be discharged 9 Tree Condition - AIA,TPP,AMS Operations on site shall take place in complete accordance with the approved Arboricultural Impact Assessment (AIA), Tree Protection Plan (TPP) and Arboricultural Method Statement (AMS) as supplied by agb project number P2713.1.0. No other operations shall commence on site in connection with the development until the tree protection works and any pre- emptive tree works required by the approved AIA or AMS have been carried out and all tree protection barriers are in place as indicated on the TPP. The protective fencing shall be retained in a good and effective condition for the duration of the construction of the development and shall not be moved or removed, temporarily or otherwise, until all site works have been completed and all equipment, machinery and surplus materials removed from site, unless the prior written approval of the local planning authority has been sought and obtained. No works shall take place within the identified root protection areas unless carried out under arboricultural supervision as specified in item 6.3 of the approved Arboricultural Impact Assessment (AIA), Tree Protection Plan (TPP) and Arboricultural Method Statement (AMS) as supplied by agb project number P2713.1 Reason for condition:- In order to safeguard the protection of trees from the outset of the development, in accordance with Policy DC 12 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009 10 Full details of external lighting No external lighting shall be erected unless full details have first been submitted to and agreed in writing with the Local Planning Authority. The details shall include a lighting plan indicating luminance levels both on the site and beyond, and a schedule of equipment including mounting heights. Such lighting shall be kept to the minimum necessary for the purposes of security and site safety and shall prevent upward and outward light radiation, in particular any external lighting within the development shall incorporate hoods and covers, the use of short timers and proximity sensors so that any lighting is only on when necessary. Any lighting shall be installed, maintained and operated in accordance with the approved details unless otherwise agreed by the Local Planning Authority. Reason for condition:- In order to minimise light pollution and to mitigate the effects of the development on the population and distribution of stone curlew having regard to policies DC1 and CP10 and of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 11 Ecology - mitigation measures The proposed development shall accord with the Stone Curlew Management Report (including stone curlew mitigation strategy and monitoring set out within the report) dated 15 January 2018 by Aurum Ecology Limited and shall be retained in perpetuity. The mitigation land shall be provided prior to works commencing. Reason for condition:- In order to ensure that the that the identified impacts on stone curlew, the qualifying species of Breckland Special Protection Area SPA and Breckland Farmland Site of Special Scientific Interest can be appropriately mitigated. 12 Ecology - Road construction

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Construction of new roads or any clearance around the proposed two stable sites shall not take place during the bird nesting season of March1st to August 31st inclusive, or until a qualified ecologist has confirmed the absence of active nests. If nesting birds are present, the nest area shall be corned off and left undisturbed until the birds have fledged. Reason for condition:- In the interest of biodiversity and the intrest features of the SPA and in accordance with Policy CP10 of the Adopted Core Strategy and Development Control policies Document 2009. 13 Non-standard condition Details of a nesting box for kestrels as set out in section 8.2 of the Aurum Ecology report ( Melton Paddocks New Yards) shall be submitted to and approved in writing by the LPA and there after implemented. Reason for condition:- In the interests of biodiversity enhancements and having regard to Policy CP10 of the Core Strategy and Development Control Policies. 15 Non-standard condition Details of a biodiversity planting scheme as set out in section 8.10 of the Aurum Ecology report ( Melton Paddocks New Yards) shall be submitted to and approved in writing by the LPA and there after implemented. Reason for condition:- In the interests of biodiversity enhancements and having regard to Policy CP10 of the Core Strategy and Development Control Policies.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 154 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 Agenda Item 10h

ITEM: RECOMMENDATION: APPROVAL REF NO: 3PL/2019/0181/VAR CASE OFFICER Rebecca Collins

LOCATION: DEREHAM APPNTYPE: Variation of Cond's Former Malthouse Land South of POLICY: In Settlemnt Bndry Norwich Road Dereham ALLOCATION: N CONS AREA: N

APPLICANT: Anglia Maltings (Holdings) Limited LB GRADE: Grade II * Fakenham Road Great Ryburgh AGENT: Bidwells LLP TPO: N 16 Upper King Street Norwich PROPOSAL: Variation of Condition No7 3PL/2016/1454/H (To repair and refurbish the maltings & erect 127 dwellings) - Highways provision

REASON FOR COMMITTEE CONSIDERATION The application is, as defined by the scheme of delegation, a major planning application and is therefore referred to Planning Committee for this reason.

KEY ISSUES Principle Are the amendments deemed acceptable? Have there been any changes to the adopted development plan or material planning considerations, which would prevent planning permission being granted? Conditions Variations to the Section 106 Agreement

DESCRIPTION OF DEVELOPMENT This application proposes to vary condition 7 of 3PL/2016/1454/H, which states:

No works shall commence on the site until a scheme to provide for the provision of waiting restrictions as indicated on drawing G01157/15/007A has been submitted to and approved in writing by the local Planning Authority in consultation with the Highway Authority. The scheme shall include timescales for its completion. The development shall thereafter be carried out in accordance with the approved details. Reason for condition:- To ensure that the highway network is adequate to cater for the development proposed, in the interests of highway and public safety.

This proposal is to allow repair works to facilitate refurbishment works to the Maltings, prior to the provision of waiting restrictions, as indicated on the approved drawing. This is because the increase in traffic associated

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 155 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 with the enabling works are not sufficient to require provision of the detailed scheme to serve the wider development, as permitted.

SITE AND LOCATION The application site comprises an irregular shaped site extending to 4.11 hectares located to the east of the Mid Norfolk Railway Line and south of Norwich Road, Dereham. The site includes the Grade II* Listed Maltings buildings at its northern end, with extensive semi-naturalised areas making up the south and east part of the site. Vehicular access is located off Norwich Road at the northern end of the site. A number of dwellings sit encircled by the application site at its western edge, including single storey dwellings, two storey cottages and three storey apartment buildings.

The site is bounded by single and two storey dwellings to the north, and a mix of industrial and commercial uses border the site to the east and southeast, with an Anglian Water attenuation pond to the south. The Mid Norfolk Railway Line and associated yard bound the site to the west with Dereham Train Station, and Dereham Leisure Centre and other retail and recreational uses further beyond.

EIA REQUIRED No - there has been no significant change to the proposal since the earlier granting of Planning Permission and issuing of the Screening Opinion to warrant an EIA.

RELEVANT SITE HISTORY

3DC/2018/0253/DOC DOC - COMPLETE 04-02-19 Discharge of Conditions 3,4 and 5 (part) on 3PL/2016/1454/H 3DC/2018/0254/DOC DOC - COMPLETE 18-01-19 Discharge of Conditions No 3 on 3PL/2016/1455/LB 3PL/2004/1287/F Permission 01-09-04 Creation of new vehicular access 3PL/2016/1454/H Permission 28-03-18 Repair & refurbish maltings, erect 127 dwellings, garages and associated works

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.01 Housing CP.04 Infrastructure CP.05 Developer Obligations

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CP.06 Green Infrastructure CP.08 Natural Resources CP.09 Pollution and Waste CP.10 Natural Environment CP.11 Protection and Enhancement of the Landscape DC.01 Protection of Amenity DC.02 Principles of New Housing DC.04 Affordable Housing Principles DC.11 Open Space DC.12 Trees and Landscape DC.13 Flood Risk DC.14 Energy Efficiency DC.16 Design DC.17 Historic Environment DC.19 Parking Provision LBC Planning(Listed Building & Conservation Areas) Act 1990 NPPF National Planning Policy Framework NPPG National Planning Practice Guidance

OBLIGATIONS/CIL Two amendments to the section 106 have been proposed:

1.Amended paragraph 1.3 of Schedule 4 so that the 5 year period whereby the Council may insist upon a reassessment of viability runs from the date of the s.73 planning permission, and not the original consent. 2.Corrected the definition of the "Affordable Housing Contribution"

These amendments are further discussed in the officers report below.

The section 106 will continue to provide education, libraries and Travel Plan monitoring contributions. No affordable housing is currently sought with this application.

CONSULTATIONS

DEREHAM T C No objection. NORFOLK COUNTY COUNCIL HIGHWAYS The proposed new wording for condition 7 is as previously suggested. As a consequence, in relation to highways issues only, Norfolk County Council does not wish to restrict the grant of permission. HOUSING ENABLING OFFICER No comments.

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REPRESENTATIONS None

ASSESSMENT NOTES 1.0 Principle of Development

1.1 The proposal is for an amendment to the earlier extant planning permission (3PL/2016/1454/H) for works to repair & refurbish maltings and erect 127 dwellings, garages and associated works. The proposal is to amend the wording of condition 7 of that permission so as the required off site highway works (waiting restrictions) are not implemented prior to commencement of the development, to allow some repair works to the maltings to take place. The proposal also includes the variation of the section 106 agreement. Given the granting of the earlier consent, the principle of development is considered to be established in this location, subject to the acceptability of the proposed variations as discussed below.

2.0 Are the amendments deemed acceptable?

2.1 The proposal is to vary condition 7 of the approval to allow some works of repair to take place to the Maltings without the off-site highway works (waiting restrictions) needing to be implemented. The Highways Authority have been consulted in this regard and raise no objections to this proposed amendment and therefore the proposal is not considered to negatively impact highway safety and is considered acceptable in this regard.

2.2 The proposals do not seek to amend this permission in any other way so matters of amenity, design and character, heritage, parking, ecology, trees and contamination remain unchanged from that of the earlier consent and subject to the imposition of conditions, as previously approved.

3.0 Have there been any changes to the adopted development plan or material planning considerations, which would prevent planning permission being granted?

3.1 National Planning Policy Framework (NPPF 2019) Since March 2018, when planning permission was originally granted for this site, despite the Core Strategy remaining unchanged, the primary development plan document for determining planning applications, the revised NPPF (2018 and 2019) has been adopted. In accordance with the Planning Act and paragraph 47 of the NPPF (2019), decisions must be made in accordance with the adopted development plan, unless material planning considerations indicate otherwise. The NPPF (2019) is a significant material planning consideration. However, it is not considered that the revised NPPF (2019), significantly changes the policy position with regards to this proposal and Policy 5 remains supportive of the delivery of housing.

3.2 The proposal involves the conversion and development within the grounds of a Grade II* Listed Building. However, the variation proposed here is regard to off-site highway works, which are to be delayed to allow repairs to said Listed Building. In this regard there is likely improvement to the Listed Building. The matters of development within the setting of this Listed Building and resultant harm to its significance and setting, were considered in the earlier application and deemed acceptable or outweighed by public benefit. This variation does not amend that situation and the proposal is therefore considered in accordance with Policy 16

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 158 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 of the NPPF (2019).

3.3 The emerging Local Plan, although been through examination, it is currently out to consultation on the main modifications and therefore at this time can only be afforded limited weight. However, it is not considered that this document would significantly change the recommendation for this application either.

3.3 It is not considered that there has been significant change to either the development plan or the NPPF (2019) to warrant refusal of planning permission and it is considered that the proposals remain consistent with the key objectives of both the development plan and the NPPF (2019) and therefore the application is recommended for approval.

4.0 Conditions

4.1 Other than the variation of condition 7, conditions 3, 4 and 5 are proposed to be updated to reflect earlier discharge of condition applications. The time condition will be updated to reflect that of the earlier consent, as is usual practice, as a variation of condition application can not be used to extend a time limit, as set out in the Regulations. All other relevant conditions previously proposed are to be added to this consent.

5.0 Section 106 Variations

5.1 The applicants also proposed to vary the current section 106 agreement in the following way:

1.Amended paragraph 1.3 of Schedule 4 so that the 5 year period whereby the Council may insist upon a reassessment of viability runs from the date of the s.73 planning permission, and not the original consent. 2.Corrected the definition of the "Affordable Housing Contribution"

5.2 The amendment to the definition of 'affordable housing contribution' is considered acceptable. The definition in the original agreement makes it subject to clause 7 and clause 12. Whilst clause 7 is correct (calculation of interest) clause 12 merely states that the provisions have no effect until this is dated. Therefore, it is likely that reference to clause 12 has been made in error and this variation to section 106 is therefore considered acceptable.

5.3 The Council does not however, agree to the variation of paragraph 1.3 of Schedule 4 on the grounds the 5 year period runs from the date of the permission. As a section 73 application (variation of condition application), which largely remains unchanged and given the determination date (March 2018) there remains sufficient time within this period for the applicant to develop the site.

5.4 The applicant has been approached and is in agreement with that as set out above and does not want to pursue the variation to paragraph 1.3 of Schedule 4.

5.5 The section 106 will continue to provide contributions for education, libraries and Travel Plan monitoring, as previously required. No affordable housing is sought, as it was previously demonstrated that it would be unviable to do so. Given the limited time period that has passed since the decision and paragraph 1.3 of schedule 4 of the section 106 agreement is to remain, then it is not considered necessary to revisit the viability at this time.

6.0 Conclusion

6.1 The variation to condition 7 of planning application reference 3PL/2016/1454/H is considered to be minor in nature and would not adversely affect highway safety. The principle of development was established by

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 159 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 the granting of the earlier extant consent and matters of amenity, design and character, heritage, parking, ecology, trees and contamination remain unchanged. Variations to the section 106 have been considered and subject to a minor variation, are considered acceptable, as set out above. Subject to the imposition of conditions and the s.106 with the agreed variation then the proposal is recommended for approval.

RECOMMENDATION The proposal is therefore recommended for approval, subject to the imposition of conditions, listed below, and the variation to the section 106 - definition of the "Affordable Housing Contribution" only.

CONDITIONS 1 Full Permission Time Limit (3 years) - Works to Maltings The development hereby permitted shall be begun on or before 27 March 2021. Reason for Condition:- As required by section 91 of the Town and Country Planning Act 1990.

Full Planning Permission

Note: References to "development", "works" and "use" in conditions 1 to 12 are to be construed as "development", "works" and "use" of the Maltings undertaken pursuant to the Full Planning Permission element of this consent." 2 In accordance with submitted plans NEW 2017 The development must be carried out in strict accordance with the plans listed below:

Location Plan - B.13.805a 236822 - 001 Existing Site Plan 236822 - 005 -Proposed Site Plan 236822 - 015A Proposed Site Plan 236822 - 016A Existing North and East Elevation 236822 - 016B Existing South and West Elevation 236822 - 026B Proposed North and East Elevation 236822 - 07B Proposed South and West Elevation 236822 - 011B Existing Plan Level 1 236822 - 012B Existing Plan Level 2 236822 - 013B Existing Plan level 3 236822 - 014A Existing Roof Plan 236822 - 021C Proposed Plan Level 1 236822 - 022C Proposed Plan Level 2 236822 - 023C Proposed Plan Upper Level 3 236822 - 024C Proposed Roof Plan 236822 - 040B Proposed Section AA 236822 - 041C Proposed Section BB 236822 - 046 B Proposed Section GG 236822 - 051 Sheet 1 - Proposed Door & Window Types 236822 - 052 Sheet 2 - Proposed Door & Window Types 236822 - 053 Sheet 1 - Proposed Door & Window Types

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Reason for condition:- To ensure the satisfactory development of the site. 3 Construction Traffic Management Plan - Maltings works The development of the Maltings site shall proceed in accordance with the approved Construction Management Plan as submitted and approved in the discharge of condition application reference 3DC/2018/0253/DOC approved on 4th February 2018, unless otherwise first agreed in writing by the Local Planning Authority. Reason for condition:- In the interests of residential amenity and highway safety. This is required prior to commencement of development in order that the appropriate measures can be implemented to ensure there would be no significant impact on residential properties throughout all construction works on site. In accordance with policy CP4 of the Core Strategy and Development Control Policies DPD and the policies within the NPPF. 4 Construction Method Statement No development, other than works to the Maltings hereby approved, shall take place, until a Construction Method Statement for the remainder of the development has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i. the parking of vehicles of site operatives and visitors ii. loading and unloading of plant and materials iii. storage of plant and materials used in constructing the development iv. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate v. wheel washing facilities vi. measures to control the emission of dust and dirt during construction vii. detailed proposals for the removal of asbestos from existing buildings to be demolished viii. a scheme for recycling/disposing of waste resulting from demolition and construction works Reason for condition: The details are required n the interests of the amenity of the area and to ensure a safe development from the outset of the development in accordance with Policies DC1 and CP4 of the Core Strategy. This condition will require to be discharged 5 Detailed schedule of works to LB be submitted The development of the site shall proceed in accordance with the approved schedule of works including timescales and phasing programme, as submitted and approved in discharge of condition application reference 3DC/2018/0253/DOC approved on 4th February 2018, unless otherwise first agreed in writing by the Local Planning Authority. Reason for condition:- The details are required prior to the commencement of development, in order to preserve the character and appearance of the Maltings, in accordance with Policy DC 16 and DC17 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 6 Details and samples of materials

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The development of the site shall proceed in accordance with the approved materials and fenestration details, as submitted and approved in discharge of condition application reference 3DC/2018/0253/DOC approved on 4th February 2018, unless otherwise first agreed in writing by the Local Planning Authority. Reason for condition:- To ensure the satisfactory appearance of the development, in accordance with Policies DC 16 and DC 17 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 7 Access, parking and turning areas laid out - Maltings Prior to the commencement of the use hereby permitted the proposed access, on-site car and cycle parking, servicing, loading, unloading and turning shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and retained thereafter available for that specific use. Reason for condition:- To ensure that the highway network is adequate to cater for the development proposed, in the interests of highway and public safety. 8 Off site highway improvement scheme - Dwg no. G01157/15/007A No further development shall commence on the site other than the demolition/repair works to the Maltings, hereby approved, unless or until a scheme to provide for the provision of waiting restrictions as indicated on drawing G01157/15/007A has been submitted to and approved in writing by the local Planning Authority in consultation with the Highway Authority. The scheme shall include timescales for its completion. The development shall thereafter be carried out in accordance with the approved details. Reason for condition:- To ensure that the highway network is adequate to cater for the development proposed, in the interests of highway and public safety. 9 Non-standard condition No other fixed plant or machinery will be located within the service yard and no fans or similar equipment will have their intake or exhaust located on any facade facing onto the service yard without the prior written consent of the Local Planning Authority. Reason for condition:- In the interests of residential amenity. This is required prior to commencement of development in order that the appropriate measures can be implemented to ensure there would be no significant impact on residential properties throughout all construction works on site. In accordance with policies DC1 and CP4 of the Core Strategy and Development Control Policies DPD and the policies within the NPPF. 10 Non-standard condition Prior to the site being brought back into use as an operational Maltings, a scheme to manage the operation of the yard shall be submitted to and be approved in writing by the Local Planning Authority. This shall specify amongst other measures, i. the loading and unloading of raw and finished material will only take place between the hours of 08:00 and 16:00, Monday to Friday, with no weekend loading and unloading vehicle movements. ii. All vehicle manoeuvring will be under the control of a banksman and reversing alarms will be disabled during delivery/collection.

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iii. Vehicle engines will be turned off whilst the unloading/loading operation takes place. The approved scheme shall be adhered to throughout the operation of the Maltings use. Reason for condition:- In the interests of residential amenity and highway safety in order to ensure that the appropriate measures can be implemented to ensure there would be no significant impact on residential properties throughout all construction works on site. In accordance with policies DC1 and CP4 of the Core Strategy and Development Control Policies DPD and the policies within the NPPF. 11 Non-standard condition The operational noise of the Maltings shall not exceed 47dB LAeq (15 minutes) between the hours of 23:00 and 07:00.hours. The measurement shall be taken in free field conditions on the Northern site boundary above the acoustic fence. Reason for condition:- In the interests of residential amenity. This is required in order that the appropriate measures can be implemented to ensure there would be no significant impact on residential properties throughout all construction works on site. In accordance with policies DC1 and CP4 of the Core Strategy and Development Control Policies DPD and the policies within the NPPF. 12 Non-standard condition Prior to the site being brought back into use as an operational Maltings, a scheme for the attenuation of noise from the transformer to be installed on site shall be submitted to and approved in writing by the local Planning Authority. This shall include details of a minimum a 2.5m high acoustic fence with a minimum sectional density of 15kg/m2 and lined with an acoustic absorber; and achieve or better a sound power output of 79dBW as in the specification given in paragraph 2.27 of the 10dB acoustic report. Reason for condition:- In the interests of residential amenity. This is required prior to commencement of development in order that the appropriate measures can be implemented to ensure there would be no significant impact on residential properties throughout all construction works on site. In accordance with policies DC1 and CP4 of the Core Strategy and Development Control Policies DPD and the policies within the NPPF. 13 Non-standard condition Prior to the site being brought back into use as an operational Maltings, a scheme for the provision of an acoustic fence located along the northern boundary shall be submitted and approved in writing by the local Planning Authority. The fence shall be a minimum of 2.5m high acoustic fence with a minimum sectional density of 15kg/m2. The development shall thereafter be carried out in accordance with the approved details. Reason for condition:- In the interests of residential amenity. This is required prior to commencement of development in order that the appropriate measures can be implemented to ensure there would be no significant impact on residential properties throughout all construction works on site. In accordance with policies DC1 and CP4 of the Core Strategy and Development Control Policies DPD and the policies within the NPPF.

Outline Planning Permission - Erection of 127 dwellings, garages and associated works

Note: Reference to "development","works" and "use" in conditions 13 to 35 are to be construed as "development","works" and "use" of the erection of 127 dwellings, garages and associated works undertaken pursuant to the Outline Planning Permission of this consent.

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14 Outline Time Limit (3 years) - Residential development Application for Approval of Reserved Matters must be made not later than the expiration of THREE YEARS from 27th March 2018, and the development must be begun within TWO YEARS of the FINAL APPROVAL OF THE RESERVED MATTERS or, in the case of approval at different dates, the FINAL APPROVAL OF THE LAST SUCH MATTER to be approved. Reason for condition:- As required by section 92 of the Town & Country Planning Act 1990. 15 Approval of Reserved Matters condition No development whatsoever shall take place until the plans and descriptions giving details of the reserved matters referred to above shall have been submitted to and approved by the Local Planning Authority and these plans and descriptions shall provide details of the appearance, layout, scale and landscaping of the development. Reason for condition:- The details are not included in the current submission. 16 Contaminated Land - Site Investigation/Remediation Unless otherwise agreed in writing, the following details shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development hereby approved, other than works to the Maltings hereby approved,: A. Site Investigation A site investigation and risk assessment to determine the nature and extent of any contamination on the site, whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). B. Remediation Scheme A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. C. Implementation of Approved Remediation Scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority. The above must be conducted in accordance with DEFRA and the Environment Agency's

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'Model Procedures for the Management of Land Contamination, CLR 11'. Reason for condition:- To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

INFORMATIVE:- Land contamination risk assessment is a step-by-step process. During the course of the risk assessment process set out in the above condition, it may become clear that no further work is necessary to address land contamination risks. Where this is the case the condition may be discharged by the Council without all the steps specified being completed. In all cases written confirmation should be obtained from the Council confirming that the requirements of the condition have been met. This condition will require to be discharged 17 Prior approval of slab level Prior to the commencement of the development, other than works to the Maltings hereby approved, precise details of the slab levels of the dwellings/building hereby approved shall be submitted to and approved in writing by the Local Planning Authority. Such levels as may be agreed shall be used in connection with the development. Reason for condition:- The details are required to be submitted prior to the commencement of the development to safeguard the interests of the amenities of neighbouring occupiers and to ensure the satisfactory appearance of the development from its outset, in accordance with Policy DC 1 and DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 18 Precise details of surface water disposal Prior to commencement of development, other than works to the Maltings hereby approved, in accordance with the submitted (Kingdom TP - CMG Dereham Maltings & Residential Development Flood Risk Assessment and Drainage Strategy Dated November 2016 reference G01157 FRA Rev - and Addendum Dated June 2017 reference G01157 FRA-Ad Rev -, detailed designs of a surface water drainage scheme incorporating the following measures shall be submitted to and agreed with the Local Planning Authority in consultation with the Lead Local Flood Authority. The approved scheme will be implemented prior to the first occupation of the development. The scheme shall address the following matters: I. Unless demonstrated otherwise by detailed Surface Water flood modelling the minimum level of any housing development and critical infrastructure shall be informed by an accurate survey of the crest level of the railway above the Anglian Water attenuation area adjacent to the site. The intention of this condition is to insure the new development is flood free in the event of a culvert blockage scenario. II. Surface water runoff rates will be attenuated to 5.4 l/s as stated within section 5.6.3 of the FRA / Drainage Strategy. III. Provision of surface water attenuation storage, sized and designed to accommodate the volume of water generated in all rainfall events up to and including the critical storm duration for the 1 in 100 year return period, including allowances for climate change, flood event. · All attenuation devices should be isolated from flooding events up until the 1 in 100 year plus climate change event. IV. Detailed designs, modelling calculations and plans of the of the drainage conveyance

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network in the: - 1 in 30 year critical rainfall event to show no above ground flooding on any part of the site. - 1 in 100 year critical rainfall plus climate change event to show, if any, the depth, volume and storage location of any above ground flooding from the drainage network ensuring that flooding does not occur in any part of a building or any utility plant susceptible to water (e.g. pumping station or electricity substation) within the development. V. The design of any attenuation basin should incorporate an emergency spillway and any drainage structures include appropriate freeboard allowances. Plans to be submitted showing the routes for the management of exceedance surface water flow routes that minimise the risk to people and property during rainfall events in excess of 1 in 100 year return period. This will include surface water which may enter the site from elsewhere. VI. Finished ground floor levels of properties are a minimum of 300mm above expected flood levels of all sources of flooding. VII. Details of how all surface water management features to be designed in accordance with The SuDS Manual (CIRIA C697, 2007), or the updated The SuDS Manual (CIRIA C753, 2015), including appropriate treatment stages for water quality prior to discharge. Reason for condition:- To prevent flooding in accordance with National Planning Policy Framework paragraph 103 and 109 by ensuring the satisfactory management of local sources of flooding surface water flow paths, storage and disposal of surface water from the site in a range of rainfall events and ensuring the surface water drainage system operates as designed for the lifetime of the development. 19 Management of surface water drainage system Prior to the first occupation of the dwellings hereby approved, a scheme for the management and maintenance of the surface water drainage scheme approved pursuant to Condition 17 of this permission shall be submitted to and approved in writing by the Local Planning Authority. This will also include the Dereham Stream and any structures such as culverts within the development boundary. The approved drainage management scheme shall be implemented prior to the first occupation of the dwellings and thereafter retained for the lifetime of the development. Reason for condition:- In the interests of public safety and to minimise the possibilities of flooding from the development, in accordance with Policies DC 1 and DC 13 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 20 Foul water drainage scheme Prior to the commencement of any works above slab level precise details of the means of foul water disposal shall be submitted to and approved in writing by the Local Planning Authority. The approved drainage scheme shall be completed in accordance with the approved details prior to the first occupation of the dwellings and thereafter retained for the lifetime of the development. Reason for condition:- The details are required to be submitted to minimise the possibilities of flooding from the outset of the development. This condition is imposed in accordance with Policies DC 1 and DC 13 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 21 Arboricultural method statement and protection measures Prior to the commencement of development, other than works to the Maltings hereby

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approved, an Arboricultural Impact Assessment and Arboricultural Method Statement shall be submitted to and approved in writing by the local Planning Authority. No development or other operations shall take place except in complete accordance with the approved Arboricultural Method Statement. In relation to the Statement the following shall apply:

a) No operations shall commence on the site in connection with the development hereby approved (including any tree felling, tree pruning, soil moving, temporary access construction and/or widening, or any other operation involving the use of motorised vehicles or construction machinery) until the tree, shrub and hedgerow protection works required by the 'Method Statement' have been implemented on site;

b) No excavations for services, storage of materials, or machinery, parking of vehicles, deposit or excavation of soil or rubble, lighting of fires or disposal of liquids shall take place inside or within 10m (or as agreed in writing) of an area fenced off or otherwise protected in the 'Method Statement';

c) The fencing or other works which are part of the Method Statement shall not be moved or removed, until all works, including external works, have been completed and all equipment, machinery and surplus materials have been removed from the site. Reason for condition:- Details are required prior to commencement to ensure that adequate protection is afforded to the existing vegetation and trees to remain on site, in the interests of visual amenity and biodiversity. In accordance with policies CP11 and DC12 of the Core Strategy and Development Management Policies DPD. 22 No clearance within bird nesting season No removal of hedgerows, trees or shrubs, ivy and other climbing plants shall take place between 1st March and 31st August inclusive, unless a report undertaken by a competent ecologist has been submitted to and approved in writing by the Local Planning Authority, confirming that a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared has been undertaken, and providing written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Reason for condition:- In the interests of maintain and enhancing biodiversity, in accordance with policies CP10, CP11 of the Core Strategy and Development Control Policies DPD, and the policies within the NPPF. 23 Landscape Ecological Management and Enhancement Plan No development other than that necessary for ground investigation, other than works to the Maltings hereby approved, shall commence until a Landscape and Ecological Management Plan in accordance with section 12 of the Ecology Report (Hopkins Ecology 18 November 2016), has been submitted to and approved in writing by the Local Planning Authority. The enhancement plan shall include the following: - Description and evaluation of the features to be managed including the public open spaces - Aims and objectives of management - Appropriate management options for achieving aims and objectives - Prescriptions of management actions - Preparation of a work schedule (including an annual work plan capable of being rolled

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forwards over a five year period) - Details of the body or organisation responsible for implementation of the plan - Details of enhancements to ensure sustainable development in line with the NPPF Opportunities to incorporate biodiversity in and around developments should be encouraged, the Natural Environment and Rural Communities (NERC) Act 2006 and Policy CP10 of Breckland Adopted Core Strategy and to ensure no net loss of biodiversity.

The development shall thereafter be carried out in accordance with the approved details and timescales for implementation. Reason for condition:- In the interests of maintaining and enhancing biodiversity and ecological value of the site and surrounding area. In accordance with policies CP10, CP11, DC12, and DC16 of the Core Strategy and Development Management Policies DPD. The details are required to be discharged prior to commencement in order to ensure that all necessary protection and precautionary measures are undertaken throughout construction works on site. 24 Best practice ecological working methods The development shall be carried out at all times in accordance with the approved precautionary and best practice working methods set out Section 12 of the Ecology Report (Hopkins Ecology 18 November 2016). Reason for condition:- In the interests of maintaining and enhancing biodiversity and ecological value of the site and surrounding area. In accordance with policies CP10, CP11, DC12, and DC16 of the Core Strategy and Development Management Policies DPD. The details are required to be discharged prior to commencement in order to ensure that all necessary protection and precautionary measures are undertaken throughout construction works on site. 25 Invasive species No development other than that necessary for ground investigation shall commence, other than works to the Maltings hereby approved, until a method statement for the treatment and removal of any invasive species on the site has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details and timescales for implementation. Reason for condition:- In the interests of maintaining and enhancing biodiversity and ecological value of the site and surrounding area. In accordance with policies CP10, CP11, DC12, and DC16 of the Core Strategy and Development Management Policies DPD. The details are required to be discharged prior to commencement in order to ensure that all necessary protection and precautionary measures are undertaken throughout construction works on site. 26 No lighting to be erected other than as approved No external lighting shall be erected at the site other than in complete accordance with details that have first been submitted to and been approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved lighting scheme. Reason for condition: - In in order to protect wildlife from light pollution and in the interests of the dark skies and character of the surrounding area. In accordance with policies CP10, DC 1 and DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 27 Design and access statement within REM

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Notwithstanding the details hereby approved, the reserved matters applications pursuant to this outline permission shall include a detailed Design and Access Statement setting explaining the approach taken to the layout, density and design of the development which shall broadly follow the approved design parameters and principles set out in the Parameter Masterplans:

Parameter 1 Development Framework Plan Parameter 2 Building Heights Parameter 3 building Density

The Design and Access Statement shall include discussion of and graphic illustrations of the following; 1. the design development process undertaken; 2. justification of the internal layout of the site 3. the relationship of the proposals to their natural and built context; 4. the density of development; 5. approach to architectural style and appearance; 6. justification for the layout, scale, massing and height of the proposed dwellings; 7. the approach to the hard and soft landscaping of the site including provision of landscape buffers. 8 . Justification for the height and scale of development proposed. Reason for condition:- In order to ensure that the detailed design and proposed development in accordance with policies DC16 of the Core Strategy and Development Management Policies DPD. 28 WSI - archaeology No demolition/development shall take place/commence, other than works to the Maltings hereby approved, until: A) A Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and 1. The programme and methodology of site investigation and recording 2. The programme for post investigation assessment 3. Provision to be made for analysis of the site investigation and recording 4. Provision to be made for publication and dissemination of the analysis and records of the site investigation 5. Provision to be made for archive deposition of the analysis and records of the site investigation 6. Nomination of a competent person or persons/organization to undertake the works set out within the Written Scheme of Investigation B) The development shall thereafter take place other in accordance with the Written Scheme of Investigation approved under part A of this condition. C) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under part A of this condition and the provision to be made for analysis, publication and dissemination of results and archive deposition has been secured. In this instance the site investigation should commence with trench excavation (as defined by a Historic Environment Service brief). There is potential for this first phase of work to be followed by additional phases (further excavation or the monitoring of groundworks under archaeological supervision and control, for example). Reason for condition:- The details are required to be submitted prior to the commencement of the development to ensure the potential archaeological interest of the site is investigated and protected from the

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outset of the development, in accordance with Policy DC 17 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 29 Highways Condition - SHC 03A - Residential Before any dwelling is first occupied the road(s), footway(s) and cycleway(s) shall be constructed to binder course surfacing level from the dwelling to the adjoining County road in accordance with the details to be approved in writing by the Local Planning Authority. Reason for condition:- To ensure that the highway network is adequate to cater for the development proposed, in the interests of highway and public safety. 30 Highways condition - SHC 02 - Residential No works shall be carried out on roads, footways, cycleways, foul and surface water sewers otherwise than in accordance with the specifications of the Local Planning Authority. Reason for condition:- To ensure that the highway network is adequate to cater for the development proposed, in the interests of highway and public safety. 31 Construction Method Statement No development, other than works to the Maltings hereby approved, shall take place, until a Construction Method Statement for the remainder of the development has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i. the parking of vehicles of site operatives and visitors ii. loading and unloading of plant and materials iii. storage of plant and materials used in constructing the development iv. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate v. wheel washing facilities vi. measures to control the emission of dust and dirt during construction vii. detailed proposals for the removal of asbestos from existing buildings to be demolished viii. a scheme for recycling/disposing of waste resulting from demolition and construction works Reason for condition: The details are required n the interests of the amenity of the area and to ensure a safe development from the outset of the development in accordance with Policies DC1 and CP4 of the Core Strategy. This condition will require to be discharged 32 Non standard highway condition No works shall commence on the site, other than works to the Maltings hereby approved, until a scheme for the provision of waiting restrictions as indicated on drawing G01157/15/007A and including Maltings Lane has been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The scheme shall include timescales for its completion. The development shall thereafter be carried out in accordance with the approved details. Reason for condition:- To ensure that the highway network is adequate to cater for the development proposed, in the interests of highway and public safety. This condition will require to be discharged

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33 Scheme for off site highway improvement works -Residential Notwithstanding the details indicated on the submitted drawings no works, other than works to the Maltings hereby approved, shall commence on site unless otherwise agreed in writing, until a detailed scheme for the off-site highway improvement works as indicated on drawing(s) number(ed) G01157/15/006 and G01157/15/007A have been submitted to and approved in writing by the Local Planning Authority. The off-site highway improvement works shall be completed prior to the first occupation of the dwellings hereby permitted. Reason for condition:- To ensure that the highway network is adequate to cater for the development proposed, in the interests of highway and public safety. 34 Scheme detailing boundary treatment to site Prior to the commencement of any works above slab level a scheme for the provision of boundary treatment to the western boundary of the application site adjacent to the railway line site shall be submitted to and approved in writing by the Local Planning Authority. The approved boundary treatments shall be completed prior to the dwellings being first brought into use. Reason for condition:- In order to provide for a satisfactory form of development and in the interests of public and highway safety and to ensure there would be no significant impact on residential properties. In accordance with policies DC1 and CP4 of the Core Strategy and Development Control Policies DPD and the policies within the NPPF. 35 Scheme for Fire Hydrants Prior to the commencement of any works above slab level a scheme shall be submitted for the provision of fire hydrants (served by mains water supply) serving the development. No dwelling shall be occupied until the hydrant(s) have been provided in accordance with the scheme as approved to the satisfaction of the Local Planning Authority in consultation with the Norfolk Fire Service. Reason for condition:- In order to secure the provision of fire hydrants. This condition will require to be discharged 37 Variation of approved plans Any variation from the approved plans following commencement of the development, irrespective of the degree of variation, will constitute unauthorised development and may be liable to enforcement action. You or your agent or any person responsible for implementing this permission should inform the Development Control Section immediately of any proposed variation from the approved plans and ask to be advised to the best method to resolve the matter. Most proposals for variation to the approved plans will require the submission of a new planning application.

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ITEM: RECOMMENDATION: APPROVAL REF NO: 3PL/2019/0089/F CASE OFFICER Rebecca Collins

LOCATION: FRANSHAM APPNTYPE: Full Hyde Hall Farm POLICY: Out Settlemnt Bndry Main Road, Great Fransham ALLOCATION: N CONS AREA: N

APPLICANT: c/o Agent LB GRADE: N c/o Agent AGENT: Mr Killian Gallagher TPO: N 23a North Bar Within Beverley PROPOSAL: Change of Use of Agricultural Land and the Erection of an Agricultural Machinery Dealership and Associated Works and Infrastructure

REASON FOR COMMITTEE CONSIDERATION The application is, as defined by the scheme of delegation, a major planning application and is employment located outside a designated development boundary or allocated general employment area and is therefore contrary to policy. The proposal is therefore referred to Planning Committee for these reasons.

KEY ISSUES Principle Character, landscape and design Heritage assets Amenity Highway safety and access Other matters

DESCRIPTION OF DEVELOPMENT Change of Use of Agricultural Land and the Erection of an Agricultural Machinery Dealership and Associated Works and Infrastructure.

The proposed project involves a change of use to a retail business dealing with agricultural machinery and vehicles, with a maintenance and parts workshop. The building floor area covers 1,315m². Additionally, there is a concrete and crushed stone surface for vehicle movements around the site and parking to the front on the northern boundary. The site will be contained within a 2m palisade fence with sliding gate for security purposes.

The site will be accessed from the north eastern edge avoiding the need to remove hedgerows.

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SITE AND LOCATION The application site is approximately 0.6 hectares and located to the north of A47, to the north east of Fransham. The application site is located off an access road leading to a farm/agricultural land, it is located to the south of this lane. To the north of the lane are existing large metal farm buildings used in associated with the existing farm business. There is also the farm house (Listed Building) and a pair of semi detached residential properties to the north of the lane.

The application site is currently a large grassed site, with dense hedgerow and vegetation to the field boundaries. There are no buildings on site and the area appears unused although it is maintained. There is some vegetation to the southern boundary of the field with the A47, however, there is plenty of opportunity to view the existing buildings from the A47 and its slip roads, especially when there is limited leaves on trees.

The land is classified as Grade 3 'Good to Moderate' under the Agricultural Land Classification.

EIA REQUIRED No

RELEVANT SITE HISTORY No relevant site history

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.03 Employment CP.06 Green Infrastructure CP.10 Natural Environment CP.11 Protection and Enhancement of the Landscape CP.13 Accessibility DC.01 Protection of Amenity DC.06 General Employment Areas DC.07 Employment Development Outside of General Employment Area DC.12 Trees and Landscape DC.13 Flood Risk DC.14 Energy Efficiency DC.16 Design DC.17 Historic Environment DC.19 Parking Provision DC.21 Farm Diversification

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LBC Planning(Listed Building & Conservation Areas) Act 1990 NPPF National Planning Policy Framework NPPG National Planning Practice Guidance

OBLIGATIONS/CIL Not Applicable

CONSULTATIONS

FRANSHAM P C Fransham Parish Council recommend approval with the following material considerations: - That additional trees be planted to improve screening around the site to minimise the impact of the visual appearance. - That all HGV traffic must exit right from the site exit onto the A47, with the exception of any HGV traffic specifically heading to the Beeston Industrial Estate. This will ensure that HGV traffic does not use the surrounding minor country roads which would be an issue of nuisance and highway safety. - That no future expansion of the site be permitted, as this is a greenfield site and incompatible with this use, and that a condition be included within the consent, if approved. NORFOLK COUNTY COUNCIL HIGHWAYS No objection subject to conditions with regards to routing of HGVS in an easterly direction, the widening of Great Fransham Road and passing places for HGVs between the site access and Beeston Road and for the parking to be laid out prior to first use of the building. FLOOD & WATER MANAGEMENT TEAM Officers have screened this application and it falls below our current threshold for providing detailed comment. This is because the proposal is for less than 100 dwellings or 2 ha in size and is not within a surface water flow path as defined by Environment Agency mapping.

You should satisfy yourself that the applicant has demonstrated compliance with The National Planning Policy Framework (NPPF) paragraphs 155 - 165 by ensuring that the proposal would not increase flood risk elsewhere and will incorporate sustainable drainage systems. ECOLOGICAL AND BIODIVERSITY CONSULTANT No ecological information has been submitted in support of this application. From publicly available aerial sources the proposed site is in close proximity to a pond and there are ponds in the wider area, hedgerows border the site and woodland and therefore there is potential for protected species to be present on the site. A Preliminary Ecological Appraisal of the site needs to be undertaken prior to the planning application being determined. CONTAMINATED LAND OFFICER I recommend approval providing the development proceeds in line with the application details and subject to conditions with regards to contamination to alleviate environmental concerns. ENVIRONMENTAL HEALTH OFFICERS I recommend approval providing the development proceeds in line with the application details and subject to conditions with regards to lighting and surface water drainage to alleviate environmental concerns HISTORIC BUILDINGS CONSULTANT

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The proposed change of use of agricultural land and the provision of an additional unit to form an agricultural machinery workshop will not negatively impact on the setting of the adjacent designated heritage asset. HIGHWAYS ENGLAND No objection. TREE AND COUNTRYSIDE CONSULTANT There are trees located along the western boundary of the site. The building is located sufficiently far enough away for there to be no impact. The erection of a 2m fence is highly unlikely to have any negative impact on the trees. No objection.

ANGLIAN WATER SERVICE No Comments Received

REPRESENTATIONS None

ASSESSMENT NOTES 1.0 Principle

1.1 The application site lies outside a designated development boundary in the Countryside and outside of any designated general employment area, where proposals for new employment are encouraged to be sited (Policy DC6). However, Policy DC7 does permit employment development outside of general employment areas, whereby (b) there are particular reasons, including (i) business expansion (ii) businesses that are based on agriculture and where (c) the development of the site would not adversely affect the type and volume of traffic generated.

1.2 The applicant has submitted information in support of this being an appropriate location for this development. To note, the businesses in this location are separate entities, however, the applicant states that the machinery dealership will create a diversified source of income for NE Salmon Ltd., as well as representing a major investment in the area from one of Europe's foremost agricultural machinery companies. The Planning Statement also sets out that the proposal:

1. Will not adversely affect the type and volume of traffic generated; 2. Cannot be accommodated elsewhere as there are no other suitable sites available on identified or allocated employment sites; 3. Is an agricultural development and there are sustainability advantages to being located in close proximity to the market it will serve.

1.3 The applicant was also asked whether they had considered emerging allocations in the emerging ocal Plan as potential alternative locations, they state that their site assessment focussed on sites that were available/on the market at the time of making the application. They need to move quickly and waiting for allocations is not an option in this regard. In addition, they offered to look at alternative sites, however, the Council were not aware of any other suitable sites and therefore the submitted site assessment is considered acceptable.

1.4 In addition, policy 6 of the NPPF is supportive of rural business, encouraging the diversification of

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 175 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 agriculture. Paragraph 84 of the NPPF states that:

'Planning policies and decisions should recognise that sites to meet local business and community needs in rural areas may have to be found adjacent to or beyond existing settlements, and in locations that are not well served by public transport. In these circumstances it will be important to ensure that development is sensitive to its surroundings, does not have an unacceptable impact on local roads and exploits any opportunities to make a location more sustainable'.

1.4 As this business is loosely based around agriculture and would support and diversify the existing farm, and as the applicant has provided sufficient additional reasons for identifying this location in terms of accessibility, land use type and availability. For these reasons the proposal is considered to accord in principle with Policies 6 of the NPPF and DC7 of the Core Strategy.

1.5 The Parish Council have raised a comment with regards to preventing further expansion in this location, any expansion or additional businesses would require a further planning application, which will be assessed on its own merits and as required, in accordance with adopted planning policies, at that time. No condition is therefore necessary in this regard.

2.0 Character, landscape and design

2.1 Policy CP11 seeks the protection and enhancement of local landscape character. Policy 12 of the NPPF and DC16 of the Core Strategy seek to achieve a high quality design.

2.2 The application site is located off A47, to the north but set well back from the road itself. It is located to the south of an existing access lane where there is currently no development, open fields with strong vetetational boundaries. Opposite the application site there is a large area of hardstanding with a large metal building of similar appearance and scale of the proposal, there are also a variety of other farm buildings to the north of the lane, on the opposite side to the proposals. The site will comprise of a large flat roofed steel framed metal building consisting of a retail outlet with offices and individual sales rooms, a workshop, parts store and welfare facilities. The building floor area covers 1,315m² and a 2m high galvanised steel palisade fence is proposed around the whole site.

2.3 There is a pair of residential properties to the northeast of the site and a Grade II* Listed farmhouse - Hyde Hall located to the east of the site, at the entrance to the lane but set back from it.

2.4 The Landscape Character Assessment (LCA 2007) places the site within the E7 'Beeston Plateau' landscape area. the landscape visual and perceptual characteristics are described as enclosed, despite large open arable fields, owing to tree lined road boundaries and woodland blocks. It has a tranquil rural character due to low density of settlements and screened roadways.

2.5 The development considerations for this area, relevant to this proposal include:

- Conserve the elements of historic vernacular in terms of building materials and styles within the settlements, ensuring that any new development reflects these; - Ensure that views to locally prominent built elements, such as church towers, are conserved when planning for change; - In planning for future change, consider the scale of potential development and its effects on long views, skylines and intervisibility with surrounding character areas;

2.6 All development currently lies to the north of the access road and largely congregated together. This

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 176 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 proposal will introduce development to the south, closer to the A47, which will be clearly visible from the access road and A47, although maybe only during winter and autumn when there is limited screening from vegetation. The applicants have been approached as to why development can not be located to the north of the access, adjacent to the existing development. They state the site has been chosen for the following reasons:

Health and Safety - The agricultural machinery dealership needs to be physically separate from the farm business for health and safety and other practical reasons. At harvest time in particular, it would not be safe to have CLAAS customers and staff in the vicinity of the grain stores. This is due to the volume of tractors and trailers coming and going. It would not be safe to have members of the public mingling with this type of traffic.

Limited Agricultural Value of Application Site - The site that has been selected is of limited agricultural use and is not in arable production. The use of this land will not result in any harm to the farm business and would not be considered as a loss of the best or most versatile agricultural land.

Landscape Impact - The proposed application site has been assessed in terms of landscape impact and been found to be acceptable. The land is flat and benefits from screening. The land at the other side of the road is higher and is not flat. It is likely that the development would be visible from the Fransham direction on the A47. There would be also need to be a substantial amount of land reprofiling to create a level site which would have a landscape impact and could also cause drainage issues.

2.7 The applicants have submitted a Landscape Assessment with the application, which concludes that 'there will be an introduction of a new landscape element, the retail and workshop building. This should be viewed in relation to the existing strong tree lines and enclosed nature of the site. The man-made elements will not be fully visible externally to the site. The proposals will not change the overall rural character of the area and the building will relate to existing modern agricultural buildings'. It also proposes further mitigation planting to reduce any visual impacts of the proposals in the form of a new tree line to the southern boundary of the larger field enclosure and a additional row of trees on the northern edge of Great Fransham carriageway.

2.8 Furthermore, the Landscape Assessment concludes that 'It is judged that there would be a low level of change to the receiving landscape character beyond the site boundaries. This judgement is based on the strength of local vegetation cover, limited by the size and height of the development and the fact that it is contained within the land parcel. Hedgerows and trees will be retained and enhanced, therefore not altering the balance of the wider landscape character . . . The greatest effect on visual amenity is likely to be experienced immediately adjacent to the site only'.

2.9 Taking into consideration the matters raised by the applicants, including the needs of the business, as well the existing large farm buildings which are currently visible from A47 (although may not be as visible at other times of the year when vegetation greens) and the encroachment into the countryside, it is not considered that the proposal would not have a significantly greater impact visually on the A47, despite being closer and more visible given the backdrop of existing buildings. It is noted that there is screening adjacent to the A47, which in spring and summer would provide greater coverage and the applicants have offered to provide additional landscaping, which could be conditioned. The proposed galvanised fence is likely to have a further landscape impact but is required for security purposes, for these reasons it is considered acceptable, however, it is considered that the proposed landscaping will soften its impacts.

2.10 The applicant has also provided additional information with regards to employment opportunities. As this is relocation of an existing business then it is hoped existing staff will relocate with the business. In

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 177 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 addition, as this is an expansion of the existing business it is considered that there will be additional local jobs to the benefit of the local area. The business is expected to employ around 20 people in the local economy through direct employment in roles such as sales, administration and agricultural engineering. In addition, the applicants state that several apprenticeships will be created on site whereby locally recruited school leavers will get an opportunity for an apprenticeship in agricultural engineering. They set out that CLAAS UK established its own Agricultural Technician Apprenticeship scheme in order to ensure that dealers across England including CLAAS Manns Ltd have access to the skilled technicians that modern agriculture will require in the future.

2.11 As set out by the applicants it is considered that the greatest visual impacts would be along the access road. Although, it is not ideal to move development to the opposite of this road, which would constitute encroachment, it is taken into consideration that this is dead end lane, with limited receptors and therefore balanced with the creation of jobs and that the proposals will be seen from the A47 at least with a backdrop of existing buildings of this type, then the visual impacts of the proposal are considered acceptable in this instance. Some additional landscaping can be conditioned in accordance with the applicants submitted Landscape Assesment. For these reasons the proposals are considered in accordance with Policy 12 of the NPPF, CP11 and DC16 of the Breckland Core Strategy.

3.0 Heritage Assets

3.1 Policy 16 of the NPPF, DC17 of the Core Strategy and Sections 16 and 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, seek to protect the special interest and significance of heritage assets/Listed Buildings and their settings. The applicants have provided a heritage statement (within their Planning Statement) which states 'From an inspection of the property, it would seem likely that the building was classified as Grade II* due to internal features and most probably due to the staircase which appears to be original. The exterior of the building whilst characterful and of some architectural interest would not merit a Grade II* classification on its own merits'. The applicants state that there is a lack of inter-visibility between the heritage asset and the proposed development, therefore its setting and significance would be unharmed.

3.2 The historic buildings officer has reviewed the proposals and does not consider that they will impact the setting of the nearby Grade II* Listed Building.

3.3 Due to the distance, inventing buildings and screening then proposal is not considered to impact the significant or setting of the nearby Hyde Hall Listed Building and therefore the proposal is considered in accordance with Policy 16 of the NPPF, DC17 of the Core Strategy and Sections 16 and 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

4.0 Amenity

4.1 Policy DC1 of the Core Strategy seeks all new development to protect the amenity of the area, neighbouring and future occupants.

4.2 There are residential properties along the lane, however, the proposals are sufficiently distanced to not impact them in terms of overlooking and overbearing. The proposals may lead to further traffic use of the lane to access the building, this could result in noise and disturbance to the two properties facing the lane. However, given the proximity and noise from A47 in this location and the existing farm and business then this would not be considered so significant to warrant refusal of the planning permission.

4.3 No permanent external night lighting is proposed and the applicants states that lighting for the facilities block is to be timed, down lit. Environmental Health have suggested that this is the subject of a condition,

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 178 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 which will be imposed.

4.3 The proposal, therefore, subject to the conditions, is considered to be in accordance with Policy DC1 of the Core Strategy, which seeks to protect amenity.

5.0 Highways

5.1 The applicants have submitted a Transport Assessment in support of their application. It concluded that the development can be accommodated on the local transport network without detriment to existing users and the local highway network. Highways England raise no objection to the proposals on this basis.

5.2 The Highways Authority have also been consulted and raises no concerns subject to the imposition of conditions with regards to the routing of HGV's eastwards via C221 Beeston Road, not via the westerly track which is currently gated off from the A47. The applicants have confirmed in their submission that it is their intention to use this route. They propose road widening of Great Fransham Road to a minimum of 5.5 metres, a Grampian condition would be required in this regard. The Highways Authority also suggest the requirement of a passing place along Beeston Road. This would also require a Grampian condition. These suggested conditions would be applied to any subsequent approval.

5.3 The application includes eight parking bays and an additional two disabled parking bays. The proposed car parking will be tarmacked. There is considered sufficient space on site to meet the requirements of Policy DC19, which requires adequate parking provision. The Highways Authority have advised that although the parking provision complies with standards, a condition should be proposed to ensure these areas for car parking are made available prior to the use hereby permitted commences. Such a condition will also be proposed.

6.0 Other matters

6.1 Trees There are existing trees to the boundaries of the site. The applicants state that the proposals do not require the removal of hedgerows or trees. It is considered that the proposed building is set sufficiently away from the boundaries of the site so as not to impact existing significant trees and hedgerows. There is a galvanised steel boundary fence running round the site for security. The tree officer has been consulted with regards to the proposals and raises no objections to the proposals.

6.2 The application also proposes additional tree lines to reduce any visual impact of the proposals. The proposed mitigation planting is designed to mitigate the minor visual effects of the proposals, with a secondary benefit of strengthening the biodiversity of the site. The proposals are:

- New tree line to the southern boundary of the larger field enclosure; - An additional row of trees on the northern edge of Great Fransham carriageway.

6.3 Subject to detailed landscaping proposals and an agreed programme of management, which would help to ensure their long-term viability within the landscape, which will be the subject of a suitably worded conditions, then the proposal is considered in accordance with Policy DC12 of the Core Strategy.

6.4 Ecology No ecology information was submitted with the application. Further information has been requested and submitted by the applicants. Out ecologist have been reconsulted in this regard and their comments will be reported to members at the committee.

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6.3 Contamination Policy 15 of the NPPF states that planning decisions should take account of ground conditions and contamination risk. The applicants have submitted a contaminated land report in support of their application. No concerns have been raised with regards to contamination by Environmental Health in this regard and subject to the imposition of conditions the proposal is therefore considered in accordance with Policy 15 of the NPPF.

6.4 Flood risk and drainage Policy 14 of the NPPF requires seeks to direct new development away from areas at highest risk of flooding and for new development to not increase flood risk elsewhere. The site is located in Flood Zone 1 (land assessed as having a low probability of flooding). No concerns are raised by the LLFA or Anglia Water with regards to this site. Environmental Health have requested a condition with regards to surface water, which is considered in accordance with Policy 14 of the NPPF and will be applied. There is hardstanding for car parking proposed within the site, however, other areas of hard surfacing will be permeable compacted stone and there is sufficient space around the site to provide drainage. The proposal is therefore considered in accordance with Policy 14 of the NPPF.

9.0 Conclusion

9.1 Although, the proposal will be more visually intrusive in the landscape and introducing a new form of development on this side of the lane, where development does not currently exist, the principle of development has been established and matters of highways, heritage amenity, trees and contamination have all been adequately addressed. The proposal will provide local employment and support an existing business, for these reasons the visual and landscape concerns are outweighed and on balance the proposal is recommended for approval, subject to conditions.

RECOMMENDATION The application is recommended for approval, subject to conditions and our ecologist raising no material planning objections to the scheme.

CONDITIONS 3 Full Permission Time Limit (3 years) The development must be begun not later that the expiration of THREE YEARS beginning with the date of this permission. Reason for Condition:- As required by section 91 of the Town and Country Planning Act 1990. 4 In accordance with submitted plans NEW 2017 The development must be carried out in strict accordance with the application form, and approved documents and drawings as set out in the table at the end of this notice. Reason for condition:- To ensure the satisfactory development of the site. 5 Materials Prior to the commencement of any works above slab level the type and colour of the external wall materials shall be submitted to and approved in writing by the Local Planning Authority. Only such agreed materials shall be used in connection with this approval.

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Reason for condition:- To ensure the satisfactory appearance of the development, in accordance with Policy DC 1 and DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 6 Trees/hedges to be retained The existing trees/hedges on the boundaries of the site shall be retained. Should any die or be removed without the written consent of the Local Planning Authority, they shall be replaced during the next planting season with a tree(s) or hedging of a species, size and in the same location to the satisfaction and written agreement of the Local Planning Authority. Reason for condition:- In the interests of the satisfactory appearance of the development in accordance with Policies CP11, DC12 and DC16 of the Core Strategy and Policy 12 of the NPPF. 7 Indicated landscaping to be implemented The mitigation landscaping, as referred to the in the applicants submitted Landscape Assessment dated 11/05/2018 and received on 28/01/2019, full details of which shall first be submitted to and approved in writing by the local planning authority. The approved planting shall be carried out during the first planting season October/March immediately following the commencement of works on site or within an alternative timescale which shall first be agreed in writing by the local planning authority. Any trees or plants which within a period of 5 (five) years from the completion of the landscaping die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with others of similar size and species unless the Local Planning Authority first gives written consent to any variation. Reason for condition:- In the interests of the satisfactory appearance of the development in accordance with Policies CP11, DC12 and DC16 of the Core Strategy and Policy 12 of the NPPF. 8 No external storage No external storage of goods or materials shall at any time take place outside the buildings, unless otherwise first agreed, in writing, with the Local Planning Authority. Reason for condition:- In the interests of the satisfactory appearance of the development in accordance with Policies CP11, DC12 and DC16 of the Core Strategy and Policy 12 of the NPPF. 9 No permanent external lighting without prior agreement No permanent external lighting shall be erected on the site unless or until full details have been first submitted and approved in writing by the Local Planning Authority. This information shall include a layout plan with beam orientation and a schedule of equipment in the design (luminaire type, mounting height, aiming angles and luminaire profiles). The lighting shall be installed, maintained and operated in accordance with the approved details, unless otherwise first agreed in writing by the Local Planning Authority. Reason for condition:- In the interests of visual amenity and to minimise unnecessry light spillage above and outside the development site and to protect the amenity of nearby residential properties in accordance with Policies DC1, DC12 and DC16 of the Core Strategy and Policy 12 of the NPPF. 10 Non-standard highways condition

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The use hereby permitted shall not commence, unless or until Great Fransham Road is upgraded/widened to a minimum width of 5.5 metres and provided with radii of 15 metres in accordance with the Norfolk County Council industrial access construction specification for the first 15 metres as measured back from the near channel edge of the adjacent carriageway details to be agreed in writing by the Local Planning Authority. Arrangements shall be made for surface water drainage to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway. Reason for condition:- To ensure construction of a satisfactory access and to avoid carriage of extraneous material or surface water from or onto the highway in the interests of highway safety and traffic movement. 11 Non-standard highways condition Notwithstanding the details indicated on the submitted drawings no works above slab level shall commence until a scheme for two HGV size passing areas between the site access and Beeston Road have been submitted to and approved in writing by the Local Planning Authority. The approved passing places shall be constructed in accordance with the approved details prior to first use of the building hereby permitted. Reason for condition:- To ensure that the highway improvement works are designed to an appropriate standard in the interest of highway safety and to protect the environment of the local highway corridor. 12 Non-standard highways condition Any traffic or vehicles associated with the use hereby permitted shall exit the site in an easterly direction only. Reason for condition:- To ensure appropriate highway safety. 13 Provision of parking and servicing areas Prior to the first use of the development hereby permitted the proposed on-site car parking shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and retained thereafter available for that specific use. d and be retained thereafter available for that specific use. Reason for condition:- To ensure the permanent availability of the parking/ manoeuvring areas, in the interests of satisfactory development and highway safety. This condition will require to be discharged 14 Precise details of surface water disposal Prior to the commencement of any works above the laying of foundations, details of the means of surface water disposal shall be submitted to and approved in writing by the Local Planning Authority. Only such agreed system or works shall be used in connection with this approval. Prior to first use of the building hereby approved details of the ownership and maintenance responsibilities for the surface water drainage system, in particular any water arising from the washing of vehicles (trade effluents or trade waste) shall be submitted to and approved in writing by the Local Authority. The development shall be operated in accordance with the approved details, unless otherwise first agreed in writing by the local planning authority. Reason for condition:- This condition is imposed in accordance with Policies DC 1 and DC 13 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009

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This condition will require to be discharged 15 Contaminated Land - Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with details to be agreed in writing with the Local Planning Authority. Where remediation is necessary, a remediation scheme must be submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report shall be submitted to and approved in writing by the Local Planning Authority. Reason for condition:- To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. This condition is imposed in accordance with CP9 of the Breckland Adopted Core Strategy. This condition will require to be discharged

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ITEM: RECOMMENDATION: REFUSAL REF NO: 3PL/2018/1049/O CASE OFFICER Naomi Minto

LOCATION: GARVESTONE APPNTYPE: Outline Land off Dereham Road POLICY: Out Settlemnt Bndry Garvestone ALLOCATION: N CONS AREA: N

APPLICANT: Mr & Mrs Garrod LB GRADE: N C/O Parker Planning Services Ltd AGENT: Parker Planning Services Ltd TPO: N Orchard House Hall Lane PROPOSAL: Erection of 4 no. dwellings

REASON FOR COMMITTEE CONSIDERATION The application is referred to Planning Committee at the request of a Councillor.

KEY ISSUES - Principle of development - Design and impact upon character and appearance of area - Amenity impact - Highway impact - Other issues

DESCRIPTION OF DEVELOPMENT The application seeks Outline permission with all matters, except access, reserved for the erection of four detached dwellings with private amenity space and parking provision on agricultural land to the south of Dereham Road, Garvestone. Two dwellings would have detached double garages and two would have integral single garages. The agent has indicated that the four dwellings would be single storey.

SITE AND LOCATION The application site is 0.29 hectares in size and located outside of the defined Settlement Boundary of Garvestone, although adjacent to it. The site is agricultural land, accessed via Dereham Road. It is characterised by agricultural fields to the east and south, whilst to the north is the public highway (Dereham Road) with a row of residential dwellings beyond that and to the west of the site is a pond and wooded area, with further residential development beyond that.

EIA REQUIRED No

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RELEVANT SITE HISTORY No relevant site history

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.01 Housing CP.04 Infrastructure CP.10 Natural Environment CP.11 Protection and Enhancement of the Landscape CP.14 Sustainable Rural Communities DC.01 Protection of Amenity DC.02 Principles of New Housing DC.12 Trees and Landscape DC.13 Flood Risk DC.16 Design DC.19 Parking Provision NPPF National Planning Policy Framework NPPG National Planning Practice Guidance SS1 Spatial Strategy

OBLIGATIONS/CIL Not Applicable

CONSULTATIONS

GARVESTONE P C Objection - It is unsustainable, outside the settlement boundary, over development of the site, a site of archaeological interest, no mains sewer in Garvestone and a lack of services. No requirement for larger houses. Small affordable houses needed. NORFOLK COUNTY COUNCIL HIGHWAYS No objection, subject to conditions. ECOLOGICAL AND BIODIVERSITY CONSULTANT No objection, subject to conditions. CONTAMINATED LAND OFFICER

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No objection, subject to conditions. ENVIRONMENTAL HEALTH OFFICERS No objection, subject to conditions.

TREE AND COUNTRYSIDE CONSULTANT No Comments Received

REPRESENTATIONS A site notice was erected on 10 October 2018 and twelve neighbours consulted. Two representations were received raising the following main points;

- no mains sewer in village as indicated on application form - drainage / flooding concerns - development outside the settlement boundary - development on agricultural land - insufficient facilities or services to support additional dwellings.

ASSESSMENT NOTES 1.0 Principle of development

1.1 This application seeks Outline consent for the erection of four detached dwellings with garages, parking provision and external amenity space on agricultural land to the south of Dereham Road, Garvestone. The site sits outside of any defined settlement boundary, although it is noted that it is in close proximity to Garvestone's settlement boundary. Therefore, the proposal is contrary to Policies SS1, DC2, CP1 and CP14 of the adopted Core Strategy and Development Control Policies Development Plan Document, (2009), which seek to focus new housing within defined Settlement Boundaries.

1.2 However, paragraph 11 of the NPPF (2019) states that where an authority does not have an up-to-date Development Plan or five year housing land supply, the relevant local policies for the supply of housing, as referred to above, should not be considered up-to-date and that housing applications should be considered in the context of the presumption in favour of sustainable development.

1.3 The Statement of Five Year Housing Land Supply as at 31st March 2017 was published in July 2017. This outlined that the District did not benefit from having a five year supply of housing land (it could only demonstrate a 4.6 years housing land supply). A further update on the Council's 5 year housing land supply was issued on 30 July 2018 advising that the Council could demonstrate a 4.77 year housing land supply. However, this still falls below the required 5 years. In the absence of a five year housing land supply, paragraph 11 is engaged and therefore policies which relate to housing land supply can not be considered up to date, which can include making provision for development not within defined Settlement Boundaries. This must be balanced against other policy requirements and aims including securing sustainable development, protecting the countryside, and good design. These policies are not necessarily related to housing land supply and therefore must be considered in the planning balance.

1.4 The NPPF constitutes guidance for local planning authorities and decision-takers and is a material consideration in the determination of planning applications to achieve sustainable development. The Government outlines three overarching objectives to sustainable development: economic, social and

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 186 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 environmental (paragraph 8). These are interdependent and need to be pursued in mutually supportive ways:

- an economic objective - contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure;

- a social objective - supporting strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations; and by fostering a well-designed and safe built environment, with accessible services and open spaces that reflect current and future needs and support communities' health, social and cultural well-being; and

- an environmental objective - contributing to protecting and enhancing our natural, built and historic environment; including making effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy.

1.5 Paragraph 9 of the NPPF (2019) states that these objectives should be delivered through the preparation and implementation of plans and the application of the policies in the NPPF. Planning policies and decisions should play an active role in guiding development towards sustainable solutions, but in doing so should take local circumstances into account, to reflect the character, needs and opportunities of each area.

1.6 In terms of the economic and social criteria, the proposal would provide four new dwellings and would therefore make a positive, albeit small contribution to the housing supply. The proposal would provide limited short-term economic benefits through labour and supply chain demand required during construction. However, given the small scale nature of the development these benefits are not considered to be significant and not definitive in this instance.

1.7 The social role of sustainable development seeks to ensure, amongst other matters, the creation of a high quality built environment with accessible local services. Policy SS1 of the adopted Core Strategy describes seven types of place and their potential to accommodate new development. Garvestone is a rural settlement for the purposes of the policy, and has only nominal allocated housing growth due to its minimal local services. The site is not located within a defined settlement boundary and is therefore in the countryside.

1.8 It is however noted that the settlement boundary of Garvestone is located nearby on the opposite side of Dereham Road. Garvestone has minimal services and facilities available, including a bus stop (offering a limited service), church, village hall, play area and primary school, all of which are within walking distance along an unlit pedestrian footpath. Occupants of the development may provide a level of support to the limited services and facilities available in Garvestone, however this would be nominal given the proposal is only for four dwellings.

1.9 In order to meet day-to-day needs, future occupants of the site would be reliant on travelling further afield. The nearest market town with a good range of services and facilities is Dereham, which is located approximately 8km away. The route from the site to Dereham is along a busy main road (B1135), which has varying speed limits ranging from 30 mph to 60 mph, with much of the route being unpaved and unlit. Given these elements and the distance involved, it is unlikely that future occupants of the proposed dwellings would walk or cycle there and would therefore more likely rely on the use of the private car to meet daily needs. In this respect the proposed residential development would not be in a suitable location.

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1.10 Furthermore, whilst it is acknowledged that the NPPF (2019) indicates that opportunities to maximise sustainable transport solutions will vary between urban and rural areas, it also states that the planning system should actively manage patterns of growth in support of sustainable transport objectives. This application therefore fails to provide a suitable site for housing, having regard to the proximity of all types of services required to meet future occupant's needs. In light of the above considerations, the proposal fails to accord with Policies SS1, CP14 and DC2 of the adopted Core Strategy. It also conflicts with the sustainable objectives of the revised NPPF (2019).

2.0 Design and impact upon character and appearance of area

2.1 Policy DC16 requires all new development to achieve the highest standard of design. As part of this, all design proposals must preserve or enhance the existing character of an area. Consideration will also be given to the density of buildings in a particular area and the landscape / townscape effect of any increased density.

2.2 Whilst it is acknowledged that the application is submitted in Outline only, with all matters, other than access, reserved for future consideration, an indicative Layout Plan has been included with the application. It shows the application site on agricultural land to the south of Dereham Road. The site is separated from the current settlement boundary of Garvestone and existing residential development by the B1135 to the north and the presence of a pond / wooded area to the west.

2.3 Having regard to the submitted plans, it is considered that the siting of the proposed dwellings would be detached from existing residential development south of Dereham Road due to the presence of a pond and wooded area and would therefore result in the unwarranted harmful intrusion of development into the open landscape, resulting in the coalescence of built development and a development of urban appearance at odds with the character, appearance and openness of the site and surrounding rural area. In light of the above considerations, the proposed development would be contrary to Policies CP11, CP14 and DC16 of the adopted Core Strategy and Development Control Policies Document (2009) and the policies within the revised National Planning Policy Framework.

3.0 Amenity impact

3.1 Policy DC1 of the adopted Core Strategy seeks to protect residential amenity and states that all new development must have regard to amenity considerations. Development will not be permitted where there are unacceptable effects on the amenity of neighbouring residents and future occupants.

3.2 Whilst it is noted that the application is Outline only, with access the only matter for consideration, an indicative Site Layout Plan has been submitted as part of the application showing how the proposed dwellings could fit on the site with sufficient external amenity space, parking provision, and vehicle manoeuvrability. The Site Layout Plan originally submitted indicated that the proposed dwellings would be two storey. However, following discussions with the applicant, a revised plan was submitted omitting the two storey element from the Site Layout Plan. Based on the amended plans, there is nothing to suggest that there would be any adverse impacts with regard to loss of daylight / sunlight, overbearing impact or overshadowing on existing residents, or future residents of the scheme.

3.3 Further details would be necessary at a reserved matters stage. However, amenity considerations could likely be successfully controlled by condition. The proposal is therefore in accordance with Policy DC1 of the adopted Core Strategy, subject to a detailed design reserved for future consideration.

4.0 Highway impact

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4.1 Norfolk County Council Highways advise that the applicant has demonstrated that an acceptable level of visibility can be achieved at the site access. On that basis, no objection has been raised subject to the inclusion of conditions relating to visibility splays and vehicular access. In addition, an informative note relating to off site works is also recommended. In light of the above, the application is considered to be in accordance with Policy CP4 of the adopted Core Strategy and paragraphs 108 and 109 of the revised NPPF (2019).

5.0 Other matters

5.1 Norfolk County Council Natural Environment Team raised no objection to the proposal, subject to the inclusion of conditions. Recommended conditions require mitigation measures to be implemented in accordance with the Preliminary Ecological Appraisal (by Parker Planning Services, dated December 2017) and the Great Crested Newt HSI and eDNA Report (by Parker Planning Services, dated May 2018). In addition, a Biodiversity Enhancement Plan is required prior to commencement of development detailing the enhancement measures for biodiversity on site, including enhancement measures as outlined in the Great Crested Newt HSI and eDNA Report and the Preliminary Ecological Appraisal submitted in support of the application. In light of the above, the application is considered to be in accordance with Policy CP10 of the adopted Core Strategy.

5.2 Policy CP9 of the adopted Core Strategy seeks to ensure that development minimises any unavoidable polluting effects and the development's design should actively seek to minimise or mitigate against all forms of pollution. The Contaminated Land Officer raised no objection to the proposal, subject to the inclusion of a condition relating to unexpected contamination and an informative relating to extensions.

5.3 Furthermore, Environmental health raised no objection to the proposal, subject to development proceeding in line with the application details. The proposal is therefore considered to be in accordance with Policy CP9.

6.0 Conclusion

6.1 When considering the overall planning balance of the scheme, the proposal is considered to represent an unsustainable form of development that would result in the harmful intrusion of development into the open landscape to the detriment of the character and appearance of the area. Consequently, the proposal is considered to be contrary to Policies SS1, CP11, CP14, DC2 and DC16 of the adopted Core Strategy, as well as paragraphs 127 and 130 of the NPPF (2019).

RECOMMENDATION The proposal is therefore recommended for refusal, for the following reason.

REASON(S) FOR REFUSAL 1 Non-std open countryside reason for refusal The siting of the proposed dwellings, detached from existing residential development south of Dereham Road due to the presence of a pond and wooded area, would result in the unwarranted harmful intrusion of development into the open landscape, resulting in the coalescence of built development and a development of urban appearance at odds with the character, appearance and openness of the site and surrounding rural area. The proposed

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development would be contrary to Policies CP11, CP14 and DC16 of the adopted Core Strategy and Development Control Policies Document (2009) and the policies within the revised National Planning Policy Framework. 2 Non-std reason for refusal The proposed dwelling would be remote from the majority of local services and facilities required to meet day-to-day needs, and in the absence of convenient and safe walking and cycling routes to larger settlements, future occupants would be largely dependent on transport by car for access to work, shopping, leisure and other purposes. It would also conflict with the principle that new development should make the fullest possible use of public transport, walking and cycling. For these reasons, the Local Planning Authority is of the view that the proposal would not represent a sustainable form of development, contrary to Policies DC2 and CP14 of the adopted Breckland Core Strategy and Development Control Policies (2009) and paragraphs 8 and 11 of the National Planning Policy Framework (2019).

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ITEM: RECOMMENDATION: APPROVAL REF NO: 3PL/2018/1404/F CASE OFFICER Mark Simmonds

LOCATION: GREAT ELLINGHAM APPNTYPE: Full Mill Farm Fisheries Church Street POLICY: Out Settlemnt Bndry Great Ellingham ALLOCATION: N CONS AREA: N

APPLICANT: Mr D Beales LB GRADE: Adjacent Grade 2 C/O Agent Parker Planning Services AGENT: Parker Planning Services Ltd TPO: N Orchard House Hall Lane PROPOSAL: Erection of 5 No. new dwellings and 1 No. replacement dwelling with associated landscaping and parking

REASON FOR COMMITTEE CONSIDERATION This application is being put forward to Planning Committee as it is contrary to policy.

KEY ISSUES - Principle of Development - Design and Impact on the Character and Appearance of the Surrounding Area - Impact on the Character, Appearance and Setting of the adjacent Listed Building - Amenity Impact - Highway Impact - Ecological Impact - Impact on Trees - Flood Risk & Drainage

DESCRIPTION OF DEVELOPMENT The proposals seek full planning permission for the erection of 5no. dwellings and 1 no. replacement dwelling with associated access, landscaping and parking. Access is proposed from Church Street to a private drive.

SITE AND LOCATION The proposed site is just outside of the settlement boundary at Mill Farm Fisheries, Great Ellingham. The site area for development is approximately 0.2 ha. It should be noted that the submitted location plan details the pond to the north within the redline area but the development is only proposed to the rear of this to the south. The site is currently occupied by a dwelling and a number of outbuildings used for storage, a garage and facilities for the adjacent caravan club site.

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EIA REQUIRED No

RELEVANT SITE HISTORY 3PL/2016/1190/O Outline application, originally for 16 dwellings, amended to 8 dwellings. This was refused due to the proposed loss of the fishery business, also due to being outside of the settlement boundary, ecology impact and other issues. The application was appealed but dismissed. The reasons for the appeal being dismissed included the effects upon the character and appearance of the area, specifically to the southern plots which this new application has omitted.

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.01 Housing CP.10 Natural Environment CP.11 Protection and Enhancement of the Landscape CP.13 Accessibility CP.14 Sustainable Rural Communities DC.01 Protection of Amenity DC.02 Principles of New Housing DC.12 Trees and Landscape DC.13 Flood Risk DC.16 Design DC.17 Historic Environment DC.19 Parking Provision LBC Planning(Listed Building & Conservation Areas) Act 1990 NPPF National Planning Policy Framework NPPG National Planning Practice Guidance SS1 Spatial Strategy

OBLIGATIONS/CIL Not applicable

CONSULTATIONS

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GREAT ELLINGHAM P C The parish council do not object to the application, however, concerns were raised regarding possible flooding and the parish council would ask that sufficient provision is made for flood prevention.

In view of Great Ellingham's dark sky status, Councillors request that a lighting clause is included in any permission granted. National Planning Policy Framework Clause 125 and Norfolk County Councils Environmental Lighting Zones Policy both recognise the importance of preserving dark landscapes and dark skies. In order to minimise light pollution, we recommend that any outdoor lights associated with this application should be: 1) fully shielded (enclosed in full cut-off flat glass fitments) 2) directed downwards (mounted horizontally to the ground and not tilted upwards) 3) switched on only when needed (no dusk to dawn lamps) 4) white light low-energy lamps (LED, metal halide or fluorescent) and not orange or pink sodium sources. NORFOLK COUNTY COUNCIL HIGHWAYS On the basis that the proposal includes a new footway to link into either end of the existing provision on Church Street, no objection subject to conditions. HISTORIC BUILDINGS CONSULTANT No objection. TREE AND COUNTRYSIDE CONSULTANT The proposed layout requires only the removal of low value category C trees, to which there is no objection. Implications to highways works which include the construction of a footpath will need to be added to the report including any necessary method statements and tree protection. ECOLOGICAL AND BIODIVERSITY CONSULTANT This planning application is supported by a Protected Species Assessment (Finnemore Associates; 2018). The protected species assessment report is broadly fit for purpose, however no consideration appears to have been given to commuting and foraging bats. There is suitable habitat available on the site for commuting/ foraging bats. Any lighting therefore needs to be low intensity and directional away from features used by commuting and foraging bats. The trees proposed for removal do not appear to have been assessed for their potential to support roosting bats. NORFOLK FIRE & RESCUE Norfolk Fire and Rescue Service would like to add the requirement for a fire hydrant as a planning condition.

REPRESENTATIONS The site notice has been displayed from 11-12-2018 to 04-01-2019

15 neighbours have been directly notified.

Three residents have objected to the proposal with regards to the footpath on Church Street and raised the following issues: - Detrimental impact upon the setting of adjacent listed buildings. - Drivers to pull out their cars closer to the centre of carriageway and worsening road safety.

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- No need to create the footpath unless required by Highway Authority.

One resident has concerns with regards to drainage and boundaries and commented as follows: Drainage: - Neither the land drainage document nor any of the other plans show the ditch that exists between Mill Farm and Great Ellingham Mill and part of the garden of Mill House. It is unlikely that the walkover by the land drainage consultants would have spotted this as it is under a dense layer of brambles. However, it is important for water drainage from the mill and at least part of the garden of Mill House. The ditch is important for drainage but we have not known it to fill to the top since the mill was converted, even after heavy rainfall. However, we believe that if this were filled without taking account of its need to act as a drain, it would cause issues to these neighbouring properties and to dwellings 1, 2 and 6, especially in times of heavy rainfall. Boundaries: - To avoid confusion, we wish to point out that the OS plans used in the Surface Water Drainage Strategy Report are old and do not show the actual boundaries which can be seen in Land Registry title number NK232233 (the OS plan has also been used in the site location plans for the Proposed Layout of Access and Footpath Works and Topographical Survey). The actual Location Plan submitted by the agent and Mr Beales is correct regarding the alignment of the eastern boundary. There is a discrepancy in the boundary to the south of Great Ellingham Mill and Mill Farm Fisheries but it does not appear to affect this planning application (the boundary is marked by a ditch which is not to the north of the building in the garden of Stonehenge).

There have been three other residents supporting the proposal on the basis of character and appearance of the proposal as well as the sustainable use of the land between the ponds.

ASSESSMENT NOTES 1.0 Principle

1.1 This application seeks full planning permission for the erection of five dwellings on land outside of any Settlement Boundary (and one replacement dwelling). For this reason, the proposal conflicts in principle with Policies DC2 and CP14 of the Core Strategy and Development Control Policies Development Plan Document (2009), which seek to focus new housing within defined Settlement Boundaries.

1.2 Paragraph 10 of the NPPF states that at the heart of the Framework is a presumption in favour of sustainable development. Paragraph 11 further states that proposed development that accords with an up- to-date Local Plan should be approved without delay, and where there are no relevant development plan policies, or the policies which are most important for determining applications are out-of-date, granting permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits.

1.3 The Council cannot demonstrate a current 5 year housing land supply and therefore the Core Strategy and Development Control Policies Document relating to housing land supply are not considered up-to-date and therefore the material considerations are assessed in line with the sustainable development roles within paragraph 8 of the NPPF:

- economic, to help build a strong, responsive and competitive economy, by ensuring that sufficient land of the right types is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure; - social, to support strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations; and by fostering a well-

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 194 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 designed and safe built environment, with accessible services and open spaces that reflect current and future needs and support communities' health, social and cultural well-being; and - environmental, to contribute to protecting and enhancing our natural, built and historic environment; including making effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy.

1.4 In terms of economic and social criteria, the proposal would provide six residential dwellings for market sale, which would make a positive, albeit small, contribution to the housing supply. The proposal would provide limited short-term economic benefits through labour and supply chain demand required during construction. However, given the small scale nature of the development these benefits are not considered to be significant and not definitive in this instance.

1.5 The social role of sustainable development seeks to ensure, amongst other matters, the creation of a high quality built environment with accessible local services. Great Ellingham is identified as a Local Service Centre Village and has a number of facilities to meet the day to day requirements of its residents, which include a primary school, shop, post office, community hall and public house. The nearest town that offers services that has the potential to meet all everyday needs, including shopping and employment is Attleborough which is located approximately three miles away from the site. There are also good public transport links (bus) in the village to Attleborough and Norwich, therefore linking the village to a wider network without the need to travel by car. As a result, the proposal is considered to accord with the social dimension.

2.0 Impact on the character and appearance of the area

2.1 The environmental role of sustainable development seeks to, in part, contribute towards protecting and enhancing the natural, built and historic environment. Consideration of a proposals impact on the character and appearance of the area within which it is situated is therefore, integral to the environmental dimension of sustainable development, as is design. Core Strategy Policy CP11 says, amongst other things, that the countryside will be protected for its intrinsic beauty and rural character and that the design of new development should be sympathetic to landscape character, informed by the Council's Landscape Character Assessment (LCA).

2.2 The site lies outside of any defined Settlement Boundary, however, the site is considered to be previously developed brownfield land. The previous application which was appealed, was dismissed, but consideration should be given to the Inspectors report which detailed that the northern part of the site (this application site) is considered to have a built up character, which due to the existing hardstanding and various structures, constitutes previously developed land.

2.3 To the north of the application site lies existing residential development, to the east arable land but this is screened by existing mature trees and hedgerow. To the south the fishing lakes associated with the Fishing business and to the west a disused Mill.

2.4 The applicant has reduced the site area and the number of dwellings to be erected following the comments received from the Council and the Planning Inspector. This proposal enables the fishery to continue trading and therefore conserves the rural aspect to the south of the site.

2.5 Impact on the Character, Appearance and Setting of the adjacent Listed Building

2.6 Policy DC17 seeks to ensure that new development will protect, preserve or enhance any features of

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 195 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 historic or architectural interest of Listed Buildings.

2.7 Any decision relating to listed buildings and their settings and conservation areas must address the statutory considerations of the Planning (Listed Buildings and Conservation Areas) Act 1990 (in particular sections 16, 66 and 72) as well as satisfying the relevant policies within the National Planning Policy Framework and the development plan. National policy states that when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset's conservation. Core Strategy Policy DC17 seeks to ensure that new development preserves and enhances the character, appearance and setting of conservation areas and listed buildings.

2.8 Historic Buildings The Historic Buildings Consultant has been consulted and advised that they have no objections, as per previous application 3PL/2016/1190/O.

2.9 A Heritage Statement has been submitted alongside the application which details the nearest heritage assets to the application site. The former Tower Mill on Long Street and Mill Farmhouse on Church Street are both Grade II Listed buildings. This recommends some enhancements to the layout to give a clearer relationship between the buildings. It concludes that due to the relative dense layout and close proximity to the assets, it is considered that the proposed development has the potential to result in less than substantial harm to its setting. However, it is considered that this minimal harm is outweighed by the potential enhancement of the site as the existing buildings are of an unsympathetic nature and the provision of residential dwellings when the Council cannot demonstrate a five year housing land supply.

2.10 Design and Layout

2.11 A mix of bungalows and 2-storey dwellings have been proposed, with materials to include red brick, cream colourwashed render and clay pantiles in red and anthracite for the roof.

- Plot 1 & 2: Bungalow with integral garage and 3 bedrooms. - Plot 3,4 and 5: 2-storey House, 3-bedrooms. - Plot 6: Bungalow, 2-bedroom. (Replacement dwelling for applicant for the on-going management of the Fishing Lakes)

2.12 In conclusion, it is considered that the proposals have been given careful consideration and taken on board previous comments which have resulted in a well designed layout which sits well within its surroundings without harm to the rural nature of the area or the existing Listed buildings nearby. The dwellings are proposed in materials sympathetic to the existing residential dwellings within the vicinity and are of a scale and size that are acceptable and in keeping with the area. Therefore, the proposals comply with the environmental role of sustainable development and Policies CP11, DC16, DC17 and The NPPF (2019).

3.0 Amenity impact

3.1 Policy DC1 of The Adopted Core Strategy and Paragraph 127 of The NPPF (2019) seek to protect residential amenity and that all new development must have regard to amenity considerations and states that development will not be permitted where there are unacceptable effects on the amenity of neighbouring residents and future occupants.

3.2 The dwellings proposed are modest in terms of their scale and have been positioned well within the site so that adverse amenity impact, particularly in terms of overlooking, loss of light and over dominance will not

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 196 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 be a significant issue. The plots also provide each dwelling with a good amount of private amenity space for future occupiers.

3.3 The Proposals are considered to comply with Policies DC1 and Paragraph 127 of the NPPF (2019).

4.0 Highway Safety

4.1 The Highway Authority advise that on the basis that the proposal as amended includes a new footway to link into either end of the existing provision on Church Street, they would have no objections to the proposals subject to conditions.

4.2 Policy CP4 of the Core strategy seeks to ensure that all access and safety concerns are resolved in new developments. Amended plans were submitted which propose the footway to link on the opposite side of Church Road to link into the existing provision as advised by NCC Highways. Access is proposed off Church Street onto a private drive which is the existing access to the Fishery and shows adequate visibility splays can be achieved.

4.3 Policy DC19 sets out the parking standards for development.

4.4 The proposals set out 2 parking spaces for each dwelling which is acceptable, also providing 10 spaces for the patrons of the fishing lakes at the entrance to the fishing lakes to the south of the site.

4.5 In light of the above, the proposals comply with Highway safety standards, policies CP4, DC19 and The NPPF (2019).

5.0 Ecology

5.1 Policy CP10 seeks the enhancement of biodiversity and geodiversity in the district. There is an expectation that development will incorporate biodiversity or geological features where opportunities exist.

5.2 The Natural Environment Team have been consulted and confirm that the application is supported by a Protected Species Assessment (Finnemore Associates; 2018). The protected species assessment report is broadly fit for purpose, however no consideration appears to have been given to commuting and foraging bats. There is suitable habitat available on the site for commuting/ foraging bats. Any lighting therefore needs to be low intensity and directional away from features used by commuting and foraging bats. The trees proposed for removal do not appear to have been assessed for their potential to support roosting bats. Conditions have been specified which will take this into account.

5.3 Therefore, the proposals have the ability to comply with Policy CP10.

6.0 Trees and Landscaping

6.1 Policy DC12 seeks to preserve the District's trees, hedgerows and other natural features and secure appropriate landscaping schemes to mitigate the impact of, and complement, new development.

6.2 The Tree and countryside consultant has been consulted and advised that the proposed layout requires only the removal of low value category C trees, to which there is no objection. Implications to highways works which include the construction of a footpath will need to be added to the report including any necessary method statements and tree protection.

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6.3 Therefore, subject to conditions, the proposals comply with Policy DC12.

7.0 Flood Risk and Drainage

7.1 Policy DC13 requires new development to be located in areas of low risk to flooding.

7.2 The site is within a Flood risk 1 zone, the preferable area for development. A Surface water drainage plan has been submitted alongside the application which confirms that surface water run-off will be managed through a sustainable drainage system via an existing link to the fishing lakes and a attenuation storage tank will also be provided. The proposals are therefore considered to comply with Policy DC13.

8.0 Conclusion

8.1 In conclusion, the proposals have been amended significantly since the previously refused application for development at this site. On balance, the proposals meet the three roles of sustainable development and will provide housing at a time when the Council is unable to provide a 5-year housing land supply. It is considered that the design and layout has been carefully considered and will not have a negative impact upon the setting or its surroundings and therefore this application is recommended for approval, subject to conditions.

RECOMMENDATION Approval recommended, subject to conditions.

CONDITIONS 1 Full Permission Time Limit (3 years) The development must be begun not later that the expiration of TWO YEARS beginning with the date of this permission. Reason for Condition:- As required by section 91 of the Town and Country Planning Act 1990. 2 In accordance with submitted plans NEW 2017 The development must be carried out in strict accordance with the application form, and approved documents and drawings as set out in the table at the end of this notice. Reason for condition:- To ensure the satisfactory development of the site. 3 New access (over verge/ditch/watercourse/footway) Prior to the first occupation of the development hereby permitted the vehicular access shall be constructed perpendicular to the highway and shall achieve a minimum width of 4.5m for its first 10 metres as measured from the nearside channel edge. The access shall be constructed in accordance with a detailed scheme to be first submitted to and approved in writing by the Local Planning Authority and where it lies within the highway in accordance with the highways specification TRAD 5 and thereafter retained at the position shown on the approved plan. Arrangements shall be made for surface water drainage to be intercepted and disposal of separately so that it does not discharge from or onto the highway. Reason for condition:- To ensure construction of a satisfactory access and to avoid carriage of extraneous material

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or surface water from or onto the highway in the interests of highway safety. This condition will require to be discharged 4 Provision of visibility splays - condition/approved plan Prior to the first occupation of the development hereby permitted visibility splays measuring 2.4 metres x 43 metres shall be provided to each side of the access where it meets the highway. The splays shall thereafter be maintained at all times free from any obstruction exceeding 0.225metres above the level of the adjacent highway carriageway. Reason for condition:- In the interests of highway safety in accordance with the principles of the NPPF. This condition will require to be discharged 5 Provision of parking and servicing areas Prior to the first occupation of the development hereby permitted the proposed access parking and communal turning areas shall be laid out, demarcated, leveled, surfaced and drained in accordance with the approved plan and retained thereafter available for that specific use. Reason for condition:- In the interests of satisfactory development and highway safety. This condition will require to be discharged 6 Highway improvements - off-site Notwithstanding the details indicated on the submitted drawings no works above slab level shall commence on site unless otherwise agreed in writing until detailed drawings for the off- site highway improvement works as indicated on Drawing No.20605/007 Rev B have been submitted to and approved in writing by the Local Planning Authority. Reason for condition:- To ensure that the highway improvement works are designed to an appropriate standard in the interest of highway safety and to protect the environment of the local highway corridor. This condition will require to be discharged 7 Highway improvements - off-site Prior to the first occupation of the development hereby permitted the off-site highway improvement works referred to in condition 6 shall be completed to the written satisfaction of the Local Planning Authority. Reason for condition:- To ensure that the highway network is adequate to cater for the development proposed. This condition will require to be discharged 8 Construction traffic (parking) Development shall not commence until a scheme detailing provision for on-site parking for construction workers and for the delivery and storage of materials and plant for the duration of the construction period has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented throughout the construction period. Reason for condition:- To ensure adequate off-street parking during construction in the interests of highway safety. This needs to be a pre-commencement condition as it deals with the construction period of the development. This condition will require to be discharged

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9 Ecology The development shall proceed in-line with the recommendations in section 7 of the Protected Species Assessment (Finnemore Associates; 2018).

- No works to trees including removal, pruning or crown reduction shall take place unless a competent ecologist has undertaken a careful, detailed check of the potential for bat roosts and provided written confirmation that no bat roosts will be harmed and/or that there are appropriate measures in place to protect bat interest on site. Any such written confirmation should be submitted to the local planning authority.

- Prior to occupation, a 'lighting design strategy for biodiversity' for the site shall be submitted to and approved in writing by the local planning authority. The strategy shall: (a) Identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example foraging; and (b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to breeding sites, resting places or feeding areas. All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

- The Enhancement measures outlined in section 7 of the Protected Species Assessment shall be incorporated into the development. Reason for condition:- In the interests of protected species and bio-diversity having regard to Policy CP10 and the NPPF ( 2019) 10 External materials and samples to be approved Prior to the commencement of any works above slab level details and samples of all external materials to be used shall be submitted to and approved in writing by the Local Planning Authority, and this condition shall apply notwithstanding any indication as to these matters which have been given in the current application. Only such agreed materials shall be used in connection with this approval. Reason for condition:- To ensure the satisfactory appearance of the development, in accordance with Policy DC1 and DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 11 Fencing protection for existing trees Prior to the commencement of any work on the site, all existing trees shall be protected by the erection of Tree Protection Fencing. This fencing shall be retained throughout the period of the development and at all times when works (as defined below) are being carried out on the site. For the purposes of this condition "work" shall include the storage of plant, materials, site huts or the use of any machinery either for preparatory site work or construction itself. "Trees" shall refer to all trees both on and adjacent to the site.Protective fencing shall be constructed and maintained in accordance with BS5837:2012 and the

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Council's document Practice Note: Construction and Maintenance of Tree Protection Fencing, which is available to download from the Council's website. Reason for condition:- The works are required to be undertaken prior to the commencement of the development in order to safeguard the protection of trees from the outset of the development, in accordance with Policy DC 12 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 12 Full details of external lighting Prior to first occupation of the development hereby permitted details of the external lighting to the site shall be submitted to and approved in writing by the Local Planning Authority, and only lighting so agreed shall be installed on the site. Such lighting shall be kept to a minimum for the purposes of security and site safety, and shall prevent upward and outward light radiation Reason for condition:- In the interest of amenity and to avoid adverse light pollution having regard to Policy DC1 and paragraph 180 the NPPF (2019) This condition will require to be discharged 13 Implementation of submitted/approved landscaping scheme All hard and soft landscaping works shall be carried out in accordance with the approved details and thereafter retained. The works shall be carried out within the first planting season November/March following the commencement of work on site. If within a period of FIVE YEARS from the date of planting, any tree or plant, or any tree or plant planted in replacement for it, is removed, uprooted or is destroyed or dies, or becomes in the opinion of the local planning authority, seriously damaged or defective another tree or plant of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation. Reason for condition:- In the interests of the satisfactory appearance of the development in accordance policy DC12 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 14 Norfolk Fire & Rescue Service Prior to the commencement of development a scheme for the provision of a fire hydrant shall be submitted to and approved in writing by the local planning authority. The approved fire hydrant shall be installed prior to first occupation of any of the dwellings hereby approved, unless otherwise first agreed in writing by the local planning authority. Reason for condition:- To ensure adequate water infrastructure provision is made on site for the local fire service to tackle any property fire.

Informative: The developer will be expected to meet the costs of supplying and installing the fire hydrant. 16 Discharge of conditions If the formal discharge of any condition is required, it will be necessary for you to submit to the Council all relevant details, together with a completed application for the "Discharge of Conditions" and the fee as appropriate.

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COMREPORT (ODB-Ocella One Click Agenda/Officer report) 202 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 Agenda Item 10l

ITEM: RECOMMENDATION: APPROVAL REF NO: 3PL/2018/0712/D CASE OFFICER Carl Griffiths

LOCATION: GREAT ELLINGHAM APPNTYPE: Reserved Matters Development Site at Attleborough Road POLICY: Out Settlemnt Bndry Great Ellingham ALLOCATION: N CONS AREA: N

APPLICANT: Silkwin Homes LB GRADE: N c/o M B W Contractors Cades Farm AGENT: N J Myhill Architecture TPO: N 13 Damgate Street PROPOSAL: Reserved matters for erection of 9 Dwellings, parking and garages, road design and soft landscaping following approval under 3PL/2018/0713/VAR

REASON FOR COMMITTEE CONSIDERATION The application relates to reserved matters approval of a major application.

KEY ISSUES - Accordance of the application with the parameters of the outline consent - Impact on character and appearance - Highways impact - Amenity impact - Landscaping

DESCRIPTION OF DEVELOPMENT The application seeks the approval of the reserved matters of appearance and landscaping of planning application ref: 3PL/2018/0713/VAR which granted permission for the erection of 9 Dwellings.

Matters of access, scale and layout were submitted and approved as part of the outline application. However, the current application proposes revisions in respect of the following: -Revised road layout; -Amended plots with double garages to house type 2; -Enlarged floor plans/revised layout to house types 1 and 3.

SITE AND LOCATION The application site lies between Church Street to the west and Attleborough Road to the east, at the southern edge of the village of Great Ellingham. The site is outside the settlement boundary, though adjacent to it. The site is at present laid to grass, with a tree line along the southern boundary. To the south is open agricultural land and to the north - moving east to west - a combination of residential dwellings, The

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Crown public house and Great Ellingham Methodist church. A public footpath between Attleborough Road and Church Street forms part of the boundary between the eastern part of the site and the residential dwellings to the north side.

EIA REQUIRED No

RELEVANT SITE HISTORY -3PL/2015/0487/0 - Outline application for 9 dwellings - Approved

-3PL/2018/0713/VAR - Variation of Condition 3 (Approved Plans) pursuant to grant of consent 3PL/2015/0487/O for the erection of 9no homes (3 affordable houses, 5 open market detached and 1 open market semi-detached house). Variation to size of dwellings - Approved

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.01 Housing CP.04 Infrastructure CP.06 Green Infrastructure CP.09 Pollution and Waste CP.10 Natural Environment CP.11 Protection and Enhancement of the Landscape DC.01 Protection of Amenity DC.02 Principles of New Housing DC.12 Trees and Landscape DC.16 Design DC.19 Parking Provision NPPF National Planning Policy Framework NPPG National Planning Practice Guidance

OBLIGATIONS/CIL Previous approved application ref: 3PL/2015/0487/O subject to a Section 106 agreement regarding affordable housing.

CONSULTATIONS

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GREAT ELLINGHAM P C The parish council have no objections to the plans. In view of Great Ellingham's dark sky status, Councillors request that a lighting clause is included in any permission granted. National Planning Policy Framework Clause 125 and Norfolk County Council s Environmental Lighting Zones Policy both recognise the importance of preserving dark landscapes and dark skies. In order to minimise light pollution, we recommend that any outdoor lights associated with this application should be: 1) fully shielded (enclosed in full cut-off flat glass fitments) 2) directed downwards (mounted horizontally to the ground and not tilted upwards) 3) switched on only when needed (no dusk to dawn lamps) 4) white light low-energy lamps (LED, metal halide or fluorescent) and not orange or pink sodium sources. ENVIRONMENT AGENCY We have reviewed the information provided and have no formal comment to make on this application but offer the following guidance: Groundwater and Contaminated Land The site is located above a Principal Aquifer and within a Source Protection Zone (SPZ 2). The developer should address risks to controlled waters from contamination at the site, following the requirements of the National Planning Policy Framework and the Environment Agency Guiding Principles for Land Contamination, which can be found here: https://www.gov.uk/government/publications/managing-and-reducing-land-contamination If the development proposes to use deep infiltration systems including boreholes and other structures that by-pass the soil layer we would wish to be re-consulted. Foul Drainage Foul drainage should be connected to the mains foul sewer with the prior approval of the service provider. If this is not the case we would wish to be reconsulted. NORFOLK RIVERS INTERNAL DRAINAGE BOARD No comments. TREE AND COUNTRYSIDE CONSULTANT Happy with the proposed soft landscaping. Any failures in the first 5 years should be replaced on a like for like basis. HOUSING ENABLING OFFICER No comments FLOOD & WATER MANAGEMENT TEAM No comments ECOLOGICAL AND BIODIVERSITY CONSULTANT No objections to the reserved matters application. Condition 4 of the outline application - All works on site shall be undertaken with full regard to the mitigation measures specified in Section 6 of the Ecological Appraisal Report (Wild Frontier Ecology; September 2015). As stated in condition 4 the development needs to proceed with full regard to the mitigation measures specified in Section 6 of the Ecological Appraisal Report (Wild Frontier Ecology; September 2015). Section 6.2 of the Ecological Appraisal Report states Nest boxes for birds of conservation concern such as house sparrow Passer, house martin and starling, and roost boxes for bats should be installed on the retained boundary trees on the site or on the new houses. There does not appear to be any nest boxes or bat boxes shown on the plans submitted in support of this reserved matters application. We would like to see nest boxes. CONTAMINATED LAND OFFICER The comments made for application 3PL/2015/0487/O still apply. NORFOLK COUNTY COUNCIL HIGHWAYS I note that conditions relating to access, parking, turning and the provision of a footway along Ellingham Road, formed part of the Outline permission 3PL/2018/0713/VAR. On that basis I have no further comment to

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 205 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 make but would recommend that all previous highway conditions, together with the informative note, are re- appended for the avoidance of doubt.

CRIME REDUCTION & ARCHITECTURAL LIAISON No Comments Received OFFICER ANGLIAN WATER SERVICE No Comments Received RAMBLERS ASSOCIATION: NORFOLK AREA No Comments Received

REPRESENTATIONS None

ASSESSMENT NOTES 1.0 Principle of Development

1.1 This application constitutes approval of Reserved Matters of planning application 3PL/2018/0713/VAR and as such the principle of development has already been established. Whilst some revisions to the approved details are included within the application, none of these revisions affect the established principle.

2.0 Scale, Design and Appearance

2.1 Policy DC16 of the adopted Core Strategy requires all new development to achieve the highest standard of design. As part of this, all design proposals must preserve or enhance the existing character of an area. Consideration will also be given to the density of buildings in a particular area and the landscape effect of any increased density.

2.2 The approved outline permission set parameters for development including layout and access and incorporated 3 different house types of a two storey height. All of the 9 new dwellings would occupy generous site areas with front and rear gardens and off road parking accessed from shared private on site roads. The typology of the houses would be as follows:

-House type 1 - 2 bedroom semi-detached properties with a floorspace of 70 sqm -House type 2 - 4 bedroom detached properties with a floorspace of 206 sqm and a separate double garage of 27 sqm -House type 3 - 3 bedroom detached property with a floorspace of 140 sqm and a separate single garage of 13 sqm

2.3 House types 1, 2 and 3 have a consistent approach utilising red brick with a brick fascia and eave detailing. House types 2 and 3 would also incorporate areas of render to the external elevations above the brick plinth. The properties on plots 1-4 would also feature buff coloured render above brick plinth and overhanging fascias. Windows and doors would be of a white UPVC fabrication along with the rainwater goods.

2.4 The overall design approach and the palette of materials is considered to be of a good quality which are complimentary to the character of the surrounding context and in compliance with Policy DC16 of the adopted Core Strategy and the requirements of the National Planning Policy Framework (NPPF, 2019) as

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3.0 Landscaping

3.1 In terms of landscaping, the application identifies three planting areas alongside the shared access roads which would contain a mix of shrubs, common to all of the areas. A hedge of native trees would also be planted alongside Plot 9, within the grass frontage to Attleborough Road and also allowing the necessary visibility splay in line with highways requirements approved under the outline application.

3.2 A 1.8 metre high close-boarded timber fencing would be erected between rear gardens with similar 0.9 metre high fencing to the front garden areas. To the external site boundaries, all existing boundary treatments would be retained.

3.3 Having regard to the above, it is considered that the proposed landscaping scheme would provide a good quality and robust environment in accordance with Policy CP11, DC12 and DC16 of the adopted Core Strategy.

4.0 Amenity Impact

4.1 Policy DC1 of the adopted Core Strategy seeks to protect residential amenity of existing and future residents. The relationship of the development to neighbouring dwellings and private open space is such that visual dominance, loss of light, overlooking and overshadowing impacts all fall within acceptable parameters and were considered under the outline application. Details of the scale and appearance submitted with the current application do not provide any additional concerns in respect of amenity impact and the application is considered to be in accordance with Policy DC1 in this regard.

5.0 Transport and Highways

5.1 Access and layout were approved under the outline application however the current reserved matters application does propose slight revision to the road layout within the site. The amendments are not significant and do not alter the access points previously approved. To this end Norfolk Highways have been consulted on the application and offered no objections.

6.0 Conclusion

6.1 Taking into account the overall planning balance of the scheme, the principle of development for development has already been established by the outline application ref: 3PL/2018/0713/VAR. The reserved matters of scale, design and appearance of the development is considered acceptable having regard to Policies DC16 and DC1 of the Core Strategy as well as having regard to paragraph 127 of the NPPF. In overall planning judgement terms the reserved matters application is considered acceptable and approval is accordingly recommended.

RECOMMENDATION The application be approved subject to conditions.

CONDITIONS 1 Approval of Reserved Matters condition

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This approval is granted following the grant of Outline Planning Permission 3PL/2018/0713/VAR dated 21-12-18. Reason for condition:- The time limit by which the development must be commenced is indicated on that Permission. 2 In accordance with submitted plans NEW 2017 The development must be carried out in strict accordance with the application form, and approved documents and drawings as set out in the table at the end of this notice. Reason for condition:- To ensure the satisfactory development of the site. 3 External materials as approved The development hereby permitted shall be constructed using the materials specified on the planning application form and submitted drawings. Reason for condition:- To enable the Local Planning Authority to ensure the satisfactory appearance of the development, as required by policies DC 1 & DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 4 No P.D. rights for extensions, sheds, etc Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) (with or without modification) no extensions or ancillary buildings as defined within Classes A, B & E of Part 1 of Schedule 2 of that Order shall be erected or brought onto the land unless an appropriate planning application is first submitted to and approved by the Local Planning Authority. Reason for condition:- In order that the Local Planning Authority may retain control over future development on this site to protect significant trees and hedgerow and the amenity of neighbouring properties in accorancce with Policy DC. and DC12 of the Breckland Core Strategy. 5 Indicated landscaping to be implemented The landscaping shown on the plan accompanying the application shall be carried out during the first planting season October/March immediately following the commencement of works on site. Any trees or plants which within a period of 5 (five) years from the completion of the landscaping die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. Reason for condition:- In the interests of the satisfactory appearance of the development in accordance with Policies DCC12 and DC16 of the Breckland Core Strategy. 6 Hours of operation during construction No demolition, site clearance or construction shall be carried out, no machinery operated nor deliveries taken at or waste despatched from the site outside the hours of 07:30 - 18:00 Monday to Friday, 08:00 - 13:00 Saturday nor at any time on Sundays, Bank Holidays or Public Holidays. Reason for condition:- In the interests of the amenities of the locality in accordance with policy DC1 of the Adopted Core Strategy and Development Control Policies Development Control Document 2009.

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7 Full details of external lighting Prior to the occupation of the development hereby permitted details of the external lighting to the site shall be agreed in writing with the Local Planning Authority, and only lighting so agreed shall be installed on the site. Such lighting shall be kept to a minimum for the purposes of security and site safety, and shall prevent upward and outward light radiation. Reason for condition:- In the interests of amenity in accordance with Policy DC1 of the Breckland Core Strategy. This condition will require to be discharged 8 Garage - ancillary only The garage building hereby approved shall be used for purposes ancillary to the residential use of the site and shall at no time be used for any commercial or business purposes whatsoever. Reason for condition:- In the interests of residential amenity in accordance with Policy DC1 of the Breckland Core Strategy. 9 Variation of approved plans Any variation from the approved plans following commencement of the development, irrespective of the degree of variation, will constitute unauthorised development and may be liable to enforcement action. You or your agent or any person responsible for implementing this permission should inform the Development Control Section immediately of any proposed variation from the approved plans and ask to be advised to the best method to resolve the matter. Most proposals for variation to the approved plans will require the submission of a new application.

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ITEM: RECOMMENDATION: APPROVAL REF NO: 3PL/2019/0090/F CASE OFFICER Tom Donnelly

LOCATION: GREAT ELLINGHAM APPNTYPE: Full Hollytree House POLICY: Out Settlemnt Bndry 80 Long Street, Great Ellingham ALLOCATION: N CONS AREA: N

APPLICANT: Mr & Mrs Price LB GRADE: N c/o Agent AGENT: Studio 35 TPO: N 3 Plumstead Road East Freethorpe PROPOSAL: Proposed Single Dwelling

REASON FOR COMMITTEE CONSIDERATION The application is brought to Planning Committee as the recommendation is contrary to Policy.

KEY ISSUES Principle Impact on the character and appearance of the area Impact on amenity Parking provision and highway safety

DESCRIPTION OF DEVELOPMENT The proposal seeks the erection of 1no. single storey dwelling on land to the rear of 80 Long Street. The proposed dwelling incorporates an integral garage and would be accessed via a driveway adjacent to Hollytree House. The proposed materials are red facing brick and cream render on the walls and red pan tiles on the roof. The original proposal had the proposed dwelling immediately adjacent to Hollytree House, but the scheme was subsequently amended to the current scheme.

SITE AND LOCATION The application site is on land to the rear of Hollytree House, 80 Long Street. The site is currently used as residential amenity land that serves Hollytree House. The land immediately north of the plot is occupied by recently constructed dwellings and the land to the south comprises of open, agricultural land.

EIA REQUIRED No

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RELEVANT SITE HISTORY No relevant site history

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.01 Housing DC.01 Protection of Amenity DC.02 Principles of New Housing DC.16 Design DC.19 Parking Provision NPPF National Planning Policy Framework NPPG National Planning Practice Guidance SS1 Spatial Strategy

OBLIGATIONS/CIL Not Applicable

CONSULTATIONS

CONTAMINATED LAND OFFICER No objection subject to conditions GREAT ELLINGHAM P C No objection subject to conditions

REPRESENTATIONS 4 neighbours were consulted with the 21 days expiring on 20-03-19. A site notice and press notice were posted which expired on 07-03-19 and 11-03-19 respectively.

2 letters of representation were received on the original scheme that raised concerns with the development in terms of its street scene appearance, the proximity of the proposed dwelling to the neighbouring properties and a lack of parking provision for the dwelling.

No comments were received on the revised scheme.

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ASSESSMENT NOTES 1.0 Principle of development

1.1 This application seeks planning permission for the erection of one detached dwellings on land to the east of Hollytree House, 80 Long Street, Great Ellingham. The site is located outside of the Great Ellingham Settlement Boundary and therefore the application is contrary to Policies SS1, DC02 and CP14 of the Core Strategy and Development Control Policies Development Plan Document 2009. The principle of the proposal is therefore not accepted. However, paragraph 8 of the National Planning Policy Framework (NPPF) states that where an authority does not have an up to date five year housing land supply, the relevant local policies for the supply of housing as referred to above should not be considered up to date. Housing applications should therefore be considered in the context of presumption in favour of sustainable development.

1.2 The NPPF identifies three dimensions of sustainable development:

- Economic, in terms of building a strong economy and in particular by ensuring that sufficient land is of the right type and is available in the right places. - Social, by supporting, strong and healthy communities by providing the supply of housing required to meet future need in a high quality environment with accessible local services and - Environmental, through the protection and enhancement of the natural, built and historic environment.

1.3 In terms of the economic and social criteria, the proposal would provide one new dwelling and would therefore make a positive, albeit small, contribution to the housing supply. The proposal would provide limited short-term economic benefits through labour and supply chain demand required during construction as well as additional household spend within the area. If the application is approved to ensure the deliverability of the development a planning condition would require a reduced time period of commencement.

1.4 The social role of sustainable development seeks to ensure, amongst other matters, the creation of a high quality built environment with accessible local services. Great Ellingham is identified as a Local Service Centre Village and has a number of facilities to meet the day to day requirements of its residents, which include a primary school, shop, post office, community hall and public house. These are located approximately between 0.5 and 0.9 miles away from the site; whilst there is no footpath provision connecting the site to these facilities the distance is relatively short along a road where traffic speeds are not high due to the residential nature of the area. The facilities are within cycling distance and if trips are made via car these would be short. In terms of public transport, the nearest bus stop is located near the junction of Attleborough Road and Chequers Lane, approximately one mile from the site, which is served by frequent service linking the village to Attleborough and Wymondham and Norwich.

1.5 In light of the above, the application is considered to meet the economic and social roles of sustainable development.

2.0 Impact on the character and appearance of the area

2.1 The environmental role of sustainable development seeks to, in part, contribute to protecting and enhancing the natural, built and historic environment. Consideration of a development's impact on the character and appearance of the area within which it is situated is, therefore, integral to the environmental dimension of sustainable design, as is its design.

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2.2 Policy DC16 requires all new development to achieve the highest standard of design. As part of this, all design proposals must preserve or enhance the existing character of an area. Consideration will also be given to the density of buildings in a particular area and the landscape/townscape effect of any increased density.

2.3 Environmentally, although outside the Settlement Boundary, the site is in a semi-rural location within a group of existing dwellings and further development that is under construction. There are other residential uses immediately to the north and east of the site. The site is not considered an important gap within the street scene. When the proposal is considered in the context of the 2 developments north of the site, the principle of development set back from the frontage is considered to have been established and it is therefore not considered that the development would result in a loss of character for the area.

2.4 The design, form and scale of the proposed is also considered to be acceptable and in keeping with the local vernacular. The scheme has been amended during the course of the application to revised the siting and design of the dwelling. The dwelling was originally proposed to be situated immediately adjacent to Hollytree House at the front of the site. However, this layout raised concerns as the dwelling appeared cramped on the site and out of keeping with the surrounding area, which is largely characterised by spacious plots. The proposed dwelling would now sit within a spacious plot and therefore would not appear unduly cramped and the containment of the site by hedging/established vegetation means that the dwelling would not unduly encroach further into the open countryside.

3.0 Impact on amenity

3.1 Policy DC1 seeks to protect residential amenity and that all new development must have regard to amenity considerations and states that development will not be permitted where there are unacceptable effects on the amenity of neighbouring residents and future occupants.

3.2 The dwelling proposed is positioned within a spacious, well screened plot. The internal layout and positioning of the new dwelling will ensure that overlooking will not be a significant issue and the separation distance between the dwelling and the nearest neighbour at Hollytree House is considered acceptable. The orientation of the plot is also such that any overshadowing will be over the application site itself. In addition, the proposal also affords a generous amount of private amenity for any future occupiers. In light of the above factors, the proposal is considered to have due regard to Policy DC1.

5.0 Highway safety

5.1 Policy CP4 of the Core strategy seeks to ensure that all access and safety concerns are resolved in new developments. Paragraph 109 of the NPPF states that development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe. Policy DC19 requires sufficient Parking for all new development.

5.2 The Highway Authority considers that given the other development in the vicinity, they could not object to the granting of permission in this instance subject to conditions requiring: the vehicular access is provided; visibility splays are provided and access, parking and turning is provided as shown. In light of these conditions, the application is considered to accord with the above policies in respect of access and highway safety.

5.3 To ensure that the development has appropriate regard to Policy DC19 and Highway Safety matters, the Highway Authority have requested conditions requiring the access to be built to Highway's standards, any means of obstruction to be set away from the highway, for a visibility splay to be provided and for the works

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6.0 Conclusion

6.1 In terms of the overall planning balance of the scheme, whilst the proposed development would be located just outside of the settlement boundary. Given that the Council does not currently have a 5 year land supply, Paragraph 11 of the Framework states that in these cases permission should be granted unless the adverse impacts would significantly and demonstrably outweigh the benefits, when assessed against the Framework taken as a whole. In terms of the planning balance of this scheme, the application site is considered to meet the test of sustainability as defined within Paragraph 7 and 8 of the NPPF and the proposed dwelling on balance is not considered to significantly and demonstrably impact on the character and appearance of the area or the amenity of the existing and future residents, the application is therefore recommended for approval.

CONDITIONS 1 Full Permission Time Limit (2 years) The development must be begun not later than the expiration of TWO YEARS beginning with the date of this permission. Reason for condition:- As required by section 91 of the Town & Country Planning Act 1990 (as amended) and to ensure the deliverability of the scheme to contribute to the five year housing land supply. 2 In accordance with submitted plans NEW 2017 The development must be carried out in strict accordance with the application form, and approved documents and drawings as set out in the table at the end of this notice. Reason for condition:- To ensure the satisfactory development of the site. 3 External materials as approved The development hereby permitted shall be constructed using the materials specified on the planning application form and / or submitted drawings. Reason for condition:- To enable the Local Planning Authority to ensure the satisfactory appearance of the development, as required by policies DC 1 & DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 4 Lighting Condition No external lighting shall be erected unless full details have first been submitted to and agreed in writing with the Local Planning Authority. Any lighting proposed shall be/ include the following measures: 1) Fully shielded (enclosed in full cut-off flat glass fitments); 2) Directed downwards (mounted horizontally to the ground and not tilted upwards); 3) Switched on only when needed (no dusk to dawn lamps); and, 4) White light low-energy lamps (LED, metal halide or fluorescent) and not orange or pink sodium sources. Reason for condition:- To ensure the development is in keeping with paragraph 180(c) of the National Planning Policy Framework (February 2019) and Great Ellingham's Dark Sky Status.

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5 New access (over verge/ditch/watercourse/footway) Prior to the first occupation of the development hereby permitted the vehicular access shall be constructed in accordance with a detailed scheme to be agreed in writing with the Local Planning Authority in accordance with the highways specification TRAD 5 and thereafter retained at the position shown on the approved plan. Arrangement shall be made for surface water drainage to be intercepted and disposal of separately so that it does not discharge from or onto the highway. Reason for condition:- To ensure construction of a satisfactory access and to avoid carriage of extraneous material or surface water from or onto the highway in the interests of highway safety. This condition will require to be discharged 6 Access - combined, configuration and gates/bollards Any access gates/bollard/chain/other means of obstruction shall be hung to open inwards, set back, and thereafter retained a minimum distance of 5 metres from the near channel edge of the adjacent carriageway. Any sidewalls/fences/hedges adjacent to the access shall be splayed at an angle of 45 degrees from each of the outside gateposts to the front boundary of the site. Reason for condition:- In the interests of highway safety enabling vehicles to safely draw off the highway before the gates/obstruction is opened. This condition will require to be discharged 7 Provision of visibility splays - condition/approved plan Prior to the first occupation/use of the development hereby permitted a 2.4 metre wide parallel visibility splay (as measured back from the near edge of the adjacent highway carriageway) shall be provided across the whole of the site's roadside frontage (and additionally along the flank frontage of the adjacent property as outlined in blue on the submitted details).The splay shall thereafter be maintained at all times free from any obstruction exceeding 1.05 metres above the level of the adjacent highway carriageway. Reason for condition:- In the interests of highway safety in accordance with the principles of the NPPF. This condition will require to be discharged 8 Provision of parking and servicing areas Prior to the first occupation of the development hereby permitted the proposed access parking and turning areas shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and retained thereafter available for that specific use. Reason for condition:- To ensure the permanent availability of the parking/manoeuvring areas, in the interests of satisfactory development and highway safety. This condition will require to be discharged 9 NOTE NCC Inf 2 When Vehicular access works required This development involves works within the public highway that can only be carried out by Norfolk County Council as Highway Authority unless otherwise agreed in writing.

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It is an OFFENCE to carry out any works within the Public Highway, which includes a Public Right of Way, without the permission of the Highway Authority. Please note that it is the Applicants' responsibility to ensure that, in addition to planning permission, any necessary consents or approvals under the Highways Act 1980 and the New Roads and Street Works Act 1991 are also obtained from the County Council. Advice on this matter can be obtained from the County Council's Highway Development Management Group. Please contact Kay Gordon 01362 656211. If required, street furniture will need to be repositioned at the Applicants own expense. Public Utility apparatus may be affected by this proposal. Contact the appropriate utility service to reach agreement on any necessary alterations, which have to be carried out at the expense of the developer. Please be aware it is the applicants responsibility to clarify the boundary with the public highway. Private structures such as fences or walls will not be permitted on highway land. The highway boundary may not match the applicants title plan. Please contact the highway research team at [email protected] for further details. 10 Variation of approved plans Any variation from the approved plans following commencement of the development, irrespective of the degree of variation, will constitute unauthorised development and may be liable to enforcement action. You or your agent or any person responsible for implementing this permission should inform the Development Control Section immediately of any proposed variation from the approved plans and ask to be advised to the best method to resolve the matter. Most proposals for variation to the approved plans will require the submission of a new application.

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ITEM: RECOMMENDATION: APPROVAL REF NO: 3PL/2018/1215/VAR CASE OFFICER Carl Griffiths

LOCATION: ICKBURGH APPNTYPE: Variation of Cond's The Old Rectory POLICY: Out Settlemnt Bndry Ashburton Road, Ickburgh ALLOCATION: N CONS AREA: N

APPLICANT: Alfred Charles Homes LB GRADE: N c/o Agents AGENT: David Futter Associates Ltd TPO: N Arkitech House 35 Whiffler Road Norwich PROPOSAL: Variation of condition 2 on 3PL/2017/1165/VAR in respect of minor revisions to the design of the dwellings and layout & conditions 7, 8, 9 & 10 & removal of conditions 3, 4, 14 & 16 as details have been submitted with this application

REASON FOR COMMITTEE CONSIDERATION The application represents a major application by virtue of the site area which exceeds the 0.5 hectares.

KEY ISSUES The impact of the proposed amendments on the consented scheme in terms of character, highways, trees and contaminated land.

DESCRIPTION OF DEVELOPMENT The application seeks permission for the variation of condition 2 (approved plans) of planning permission 3PL/2017/1165/VAR in respect of minor changes to the design and layout of the dwellings. The application also seeks to vary the following conditions:

-Condition 7 to be varied to relate to the submitted Arboricultural Impact Assessment provided by AT Coombes (30/08/2018). -Condition 8 to be varied to relate to drawing reference 6890 SL01 Rev C - Condition 9 to be varied to relate to drawing reference 6890 SL01 Rev C -Conditions 10 and 11 to be varied to relate to drawing reference 6890 SL02 -Conditions 10 and 11 of 3PL/2017/1165/VAR to be varied to relate to drawing reference 6890 SL02

In addition, the application incorporates information which satisfies conditions 3, 4, 14 and 16 of planning permission 3PL/2017/1165/VAR relating to materials, slab levels, site investigation/risk assessment and fire hydrant provision respectively.

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SITE AND LOCATION The application site extends to 0.96 hectares, and comprises a rectangular parcel of previously developed land that is formed of hardstanding and contains a number of industrial, storage and office buildings. It is located to the south of Ashburton Road, Ickburgh to the rear of The Old Rectory. The site is wholly outside the Settlement Boundary.

Ickburgh lies to the east of the A1065, 5.5 kilometres south of Swaffham and 3 kilometres north of Brandon.

EIA REQUIRED No

RELEVANT SITE HISTORY 3PL/2015/0001/F - Erection of eight detached dwellings. Approved.

3PL/2016/0773/VAR - Erection of eight detached dwellings 3PL/2015/0001/F - Revised House Types. Approved.

3PL/2017/1165/VAR - Variation of conditions 4 & 15 on 3PL/2016/0773/VAR. Approved

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.01 Housing CP.09 Pollution and Waste DC.01 Protection of Amenity DC.02 Principles of New Housing DC.12 Trees and Landscape DC.16 Design

OBLIGATIONS/CIL Not applicable to this variation application, as obligations secured by existing section 106 Agreement attached to permission 3PL/2015/0001/F would also take effect on section 73 applications to vary this permisison.

CONSULTATIONS

TREE AND COUNTRYSIDE CONSULTANT No Comments Received

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ICKBURGH P C No Comments Received

REPRESENTATIONS None

ASSESSMENT NOTES The application seeks permission for a variation to the conditions of planning permission ref: 3PL/2017/1165/VAR, which in itself relates to original parent permission 3PL/2015/0001/F for the erection of 8 detached dwellings.

The proposals are addressed in turn below:

Condition 2 - (Approved Plans)

The application seeks permission for minor material amendments to the approved scheme through a variation to condition 2 (approved plans). The changes sought are set out below:

Plot No.1 -Sitting Room and en-suite windows enlarged -Bedroom 1 - sidelights removed -Kitchen window - reduced in size -1 x chimney removed, 1 chimney re-sited -PV Panels and Air Source Heat Pump added -Dwelling re-sited to the east

Plot no.2 -Style of windows revised -Rear facing first floor window serving bedroom 2 removed -Kitchen reduced in size (pantry removed) -Bay window removed from lounge replaced with two small windows -First floor bathroom window enlarged -Ground floor dining room window removed, doors added -PV Panels and Air Source Heat Pump added -Dwelling re-sited to east

Plot no.3 -Ground floor window serving kitchen relocated and enlarged -First floor en-suite window added -Two small windows added to lounge -PV Panels and Air Source Heat Pump added -Dwelling re-sited to east

Plot no.4 -Garage re-sited to east

Plot no.5

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-Garage re-sited to east

Plot no.6 -Ground floor window to kitchen added -Air Source Heath Pump added -Dwelling re-sited to the east. -Garage re-sited to the west

Plot no.7 -First floor window serving bedroom 2 replaced with doors and Juliet balcony -PV Panels added -Dwelling and garage re-sited to the east

Plot no.8 -Sidelights to doors serving bedroom 1 and lounge removed -En-suite window enlarged -Chimney re-located from rear roof slope to south-east side elevation -Lounge window removed -Air Source Heat Pump added -Dwelling re-sited to the south and east. -Garage re-sited to the west

The amendments outlined above all do not fundamentally alter the approved scheme in terms of character or appearance in the context of the consented scheme. It is also considered that the proposed amendments would not give rise to any additional concerns relating to the residential amenity.

Condition 7 - Variation

A variation is sought to Condition 7 (Trees and Landscaping), in order to ensure that the condition relates to an updated Arboricultural Impact Assessment.

The updated document was reviewed by the Council's Arboricultural officer who was of the view that the detailed Arboricultural Impact Assessment is acceptable. The planted trees set out within the document would be as follows:

2 Discovery apple - Malus domestica 2 Field Maple - Acer campestre 2 Silver Birch - Betula pendula 2 Hornbeam - Carpinus betulus 2 Rowan - Sorbus aucuparia 2 Aspen Populus tremula 2 Pedunculate Oak - Quercus robur

The condition is therefore reworded to require compliance with the approved documents,

Condition 8 - Variation

A variation is sought to Condition 8 (Access), in order to ensure that the condition relates to updated plan ref: 6890 SL01 Rev C. The changes relate to the vehicular access to the site. NCC Highways were consulted on the application, and offered no objections subject to the appropriate condition being reattached. On this

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 220 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 basis, the condition is amended to reflect the updated document.

Condition 9 - Variation

A variation is sought to Condition 9 (Parking), in order to ensure that the condition relates to updated plan ref: ref: 6890 SL01 Rev C. The changes relate to the parking layout for each of the dwellings. NCC Highways were consulted on the application, and offered no objections subject to the appropriate condition being reattached. On this basis, the condition is amended to reflect the updated document.

Conditions 10 and 11 (Passing Places and Access Signage) - Variation

A variation is sought to Conditions 10 and 11 to be varied to ensure that the conditions relate to updated drawing reference 6890 SL02. The changes relate to the passing places and access signage approved through the consented scheme. NCC Highways were consulted on the application, and offered no objections subject to the appropriate condition being reattached. On this basis, the condition is amended to reflect the updated documents.

In addition to the variations outlined above, the current application also seeks to discharge conditions through the submission of details to satisfy the requirements of the following conditions:

3 (Materials)

Detailed elevations of each of the residential plots have been submitted which incorporate annotations outlining the material specifications of each plot. Whilst there are some differences in form and architectural detailing, materials are consistent across the development and would comprise the following:

-Clay roof pantiles to the roof -UPVC windows -A mix of Wienerberger Renaissance Multi Facing Brickwork and K-Rend Render to the elevations -UPVC gutters and downpipes

The material composition outlined above is considered to be appropriate for the site and would use materials that are common in the near and wider vicinity and are therefore acceptable in accordance with Policy DC16 of the Core Strategy.

4 (Slab Levels)

Detailed drawings of each of the residential plots have been submitted which show each of the slab levels in accordance with the requirements of the condition. The proposed slab levels would suit the character of the area and would not impact on the amenity of existing or future occupiers in accordance with Policies DC1 and DC16 of the Core Strategy.

Condition 14 (Land Contamination)

Condition 14 relates to contaminated land and is split into 3 parts which need to undertaken sequentially if demonstrated as necessary in the preceding part of the condition. In this case, the condition requires site investigations to be undertaken to ascertain the nature and extent of any contamination on the site. A Site Investigation Document has been submitted in support of the application which has been assessed by the Council's Contaminated Land Officer.

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Upon reviewing the document, it is clear that further investigations will be required in areas of confirmed made ground and soil borne asbestos. The results of the continuing investigations (post site clearance) will be considered once they are submitted as part of the ongoing process. On this basis, the condition cannot be discharged until such time as the additional investigations have been undertaken as well as the remediation and implementation stages of the condition.

Nevertheless, in order to allow for some works to be undertaken - the condition is amended to allow for demolition and site clearance to commence prior to the necessary details being submitted.

Condition 16 (Fire Hydrant)

Plan reference 6890 SL01 Rev C outlines that a new fire hydrant would be installed a central location within the development between Plots 6 and 7. The fire hydrant is located within 90 metres of all residential properties.

Conclusion

Having regard to all of the above, it is considered that the application can be approved subject to conditions. . .

RECOMMENDATION That the application be approved subject to the conditions listed.

CONDITIONS 1 Full Permission Time Limit (2 years) The development must be begun not later than the expiration of THREE YEARS beginning with the date of this permission. Reason for condition:- As required by section 91 of the Town & Country Planning Act 1990 (as amended) and to ensure the deliverability of the scheme to contribute to the five year housing land supply. 2 In accordance with submitted plans NEW 2017 The development must be carried out in strict accordance with the application form, and approved documents and drawings as set out in the table at the end of this notice. Reason for condition:- To ensure the satisfactory development of the site. 3 External materials and samples to be approved The materials to be used in the external elevations of the development, shall be implemented in accordance with the plans shown on drawings references unless otherwise agreed in writing by the Local Planning Authority:

6890 WD01 B 6890 WD05 6890 WD09 6890 WD11

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6890 WD07 6890 WD03 6890 WDG1 6890 WDG2

Reason: To ensure the satisfactory appearance of the development in accordance with Policy DC16 of the Core Strategy This condition will require to be discharged 4 Prior approval of slab level The slab levels shall be implemented in accordance with the plans shown on drawings references unless otherwise agreed in writing by the Local Planning Authority:

6890 WD01 B 6890 WD05 6890 WD09 6890 WD11 6890 WD07 6890 WD03 6890 WDG1 6890 WDG2

Reason: To ensure the satisfactory appearance of the development in accordance with Policy DC16 of the Core Strategy This condition will require to be discharged 5 No P.D. for extensions, roof alterations, porches Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) 2015 (or any Order revoking and re-enacting that Order) (with or without modification) no extensions, roof alterations or porches as defined within Classes A, B, C and D of Part 1 of Schedule 2 of that Order shall be carried out on the land unless an appropriate planning application is first submitted to and approved by the Local Planning Authority. Reasons for condition:- a) To ensure the orderly development of the site. b) In the interests of the satisfactory appearance of the development. This condition is imposed in accordance with Policy DC1 of the Breckland Adopted Core Strategy. 6 No P.D. rights for extensions, sheds, etc Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) (with or without modification) no extensions or ancillary buildings as defined within Classes A, B & E of Part 1 of Schedule 2 of that Order shall be erected or brought onto the land unless an appropriate planning application is first submitted to and approved by the Local Planning Authority. Reason for condition:- In order that the Local Planning Authority may retain control over future development on this site. 7 Non-standard landscaping condition

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Operations on site shall take place in complete accordance with the approved Arboricultural Impact Assessment (AIA), Tree Protection Plan (TPP) and Arboricultural Method Statement (AMS) prepared by A.T Coombes, August 2018. No other operations shall commence on site in connection with the development until the tree protection works and any pre-emptive tree works required by the approved AIA or AMS have been carried out and all tree protection barriers are in place as indicated on the TPP. The protective fencing shall be retained in a good and effective condition for the duration of the development and shall not be moved or removed, temporarily or otherwise, until all site works have been completed and all equipment, machinery and surplus materials removed from site, unless the prior written approval of the local planning authority has been sought and obtained.

Reason for condition:- In the interests of the protection of the existig trees and important landscape features in accordance with policies CP6 and CP11 of the Adopted Breckland Core Strategy. 8 Provide access and parking Access and parking shall be laid out and constructed in accordance with drawing ref 6890 SL01 Rev C prior to the first occupation of the development. Any area so provided shall be maintained and made available permanently for that purpose to the satisfaction of the Local Planning Authority in consultation with the Highway Authority. Reason for condition:- (a) To ensure the orderly development of the site. (b) To ensure a satisfactory form of estate layout and a satisfactory standard of highway design. (c) In the interests of highway safety. 9 Visibility splays Prior to the first occupation of the development, visibility splays shall be provided to each side of the access where it meets the highway in accordance with drawing ref 6890 SL01 Rev C and such splays shall be kept free of any obstruction in excess of a height of 0.6. metres above the level of the adjoining carriageway. Reason for condition:- In the interests of highway safety. 10 Non-standard highways condition Notwithstanding the details hereby approved, passing places along Ashburton Road shall be provided in accordance with drawing ref 6890 SL02 prior to the first occupation of the development.

Reason for condition:- To ensure that the highway network is adequate to cater for the development proposed and that the works are designed to an appropriate standard, in the interests of highway safety and to protect the environment of the local highway corridor. Details are required prior to the commencement of development due to the existing quality of access and the requirement of works off-site to be designed, approved and completed prior to the first occupation of the dwellings on site. 11 Non-standard highways condition No works above slab level works shall take place until, a scheme for the drainage of surface water at the access and new acess road has been submitted to and approved in writing by the Local Planning Authority in consultation with the Highways Authority. The surface water

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drainage scheme shall ensure that surface water does not discharge from or onto the highway carriageway and shall be completed in accordance with the approved details prior to the first occupation of the development hereby permitted.

Reason for condition:- To provide safe access and egress and avoid carriage of extraneous material or surface water from or onto the highway in the interests of highway safety. 12 Non-standard highways condition No above slab level works shall take place until, a scheme for the provision of signage for the separate 'In' and 'Out'access and egress to the site shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highways Authority. The scheme of signage shall be completed in accordance with the approved details prior to the first occupation of the development hereby permitted.

Reason for condition:- To ensure that the highway network is adequate to cater for the development proposed and that the works are designed to an appropriate standard, in the interests of highway safety and to protect the environment of the local highway corridor. 13 Contaminated Land - Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with details to be agreed in writing with the Local Planning Authority. Where remediation is necessary, a remediation scheme must be submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report shall be submitted to and approved in writing by the Local Planning Authority. Reason for condition:- To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. This condition is imposed in accordance with CP9 of the Breckland Adopted Core Strategy. This condition will require to be discharged 14 Contaminated Land - Site Investigation/Remediation Unless otherwise agreed in writing, the following details shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement (other than demolition and site clearance) of the development hereby approved:

A. Site Investigation A site investigation and risk assessment to determine the nature and extent of any contamination on the site, whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and

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service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). B. Remediation Scheme A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. C. Implementation of Approved Remediation Scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority. The above must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. Reason for condition:- To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. INFORMATIVE:- Land contamination risk assessment is a step-by-step process. During the course of the risk assessment process set out in the above condition, it may become clear that no further work is necessary to address land contamination risks. Where this is the case the condition may be discharged by the Council without all the steps specified being completed. In all cases written confirmation should be obtained from the Council confirming that the requirements of the condition have been met. This condition will require to be discharged 15 Non-standard landscaping condition No development above slab level shall take place until a Construction Ecological Management Plan (CEMP) detailing the working methods to be adhered to during the construction phase should be submitted to and approved in writing by the Local Planning Authority. The construction of the development shall take place in accordance with the agreed CEMP.

Reason for condition:- In order to protect the wildlife, and nature conservation interests of the in accordance with policy CP10 of the of the Breckland Adopted Core Strategy. A CEMP is required to be approved prior to the commencement of development given the nature of the proposed works required and in order to ensure that the wildlife and nature conservation interests are appropriately protected throughout the carrying out of construction of the development.

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16 Non-standard landscaping condition Prior to the first occupation, the fire hydrant shown on drawing ref 6890 SL01C shall be installed and thereafter permanently retained.

Reason: In the interests of fire safety 18 Variation of approved plans Any variation from the approved plans following commencement of the development, irrespective of the degree of variation, will constitute unauthorised development and may be liable to enforcement action. You or your agent or any person responsible for implementing this permission should inform the Development Control Section immediately of any proposed variation from the approved plans and ask to be advised to the best method to resolve the matter. Most proposals for variation to the approved plans will require the submission of a new application.

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ITEM: RECOMMENDATION: REFUSAL REF NO: 3PL/2019/0135/F CASE OFFICER Mark Simmonds

LOCATION: ROUDHAM/LARLING APPNTYPE: Full Land adjacent The Chapel, Watton Road POLICY: Out Settlemnt Bndry Larling ALLOCATION: N CONS AREA: N

APPLICANT: Mr Thomas Parker LB GRADE: N 3 Snowdrop Drive Attleborough AGENT: MMC Norfolk Ltd TPO: N The Oaks 53 The Street PROPOSAL: Proposed dwelling

REASON FOR COMMITTEE CONSIDERATION The application is referred to Planning Committee at the request of the Ward Councillor.

KEY ISSUES Principle Impact on character and appearance of the area Design, scale and Layout Amenity impact Highway safety Ecology Implications Impact on trees

DESCRIPTION OF DEVELOPMENT The application seeks permission for the erection of one dwelling with annex accommodation on Land adjacent to The Chapel, Watton Road, Larling.

SITE AND LOCATION The land is currently grassland, with access proposed from a private track which leads off Watton Road. The land to the north is open farmland, to the east is a dense woodland area, to the south some scattered residential properties and to the west, adjacent to Watton Road, scattered residential and farm buildings. The site area is 1.75 ha.

EIA REQUIRED No

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RELEVANT SITE HISTORY No relevant site history

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.01 Housing CP.08 Natural Resources CP.09 Pollution and Waste CP.11 Protection and Enhancement of the Landscape DC.01 Protection of Amenity DC.02 Principles of New Housing DC.16 Design NPPF National Planning Policy Framework NPPG National Planning Practice Guidance SS1 Spatial Strategy

OBLIGATIONS/CIL The proposed site area is 1.75ha, this is over the threshold for which affordable housing would apply, however, as this is only one dwelling this is not considered appropriate and as the proposal is being recommended for refusal due to its isolated location so no contribution is sought.

CONSULTATIONS

ROUDHAM & LARLING P C No objections ENVIRONMENT AGENCY We have reviewed the information provided and have no formal comment to make on this application but offer the following guidance: The site of the proposed has is located in Flood Zone 1. The site is located above a Principal Aquifer. The developer should address risks to controlled waters from contamination at the site, following the requirements of the National Planning Policy Framework and the Environment Agency Guiding Principles for Land Contamination, which can be found here: https://www.gov.uk/government/publications/managing-and-reducing-land-contamination If the development proposes to use deep infiltration systems including boreholes and other structures that by-pass the soil layer we would wish to be re-consulted. ECOLOGICAL AND BIODIVERSITY CONSULTANT

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This planning application is supported by a Preliminary Ecological Appraisal report (Gray Ecology; December 2018). The report states there are no designated sites within 2km of the proposed development, however this is not the case, North of Baker's Farm County Wildlife Site is within the site boundary and the survey area in the report. However, from the plans provided the proposed development is not located within the County Wildlife Site and the proposed development is unlikely to lead to impacts on this County Wildlife Site subject to the recommendations in the report being followed. The mitigation measures outlined in section 6 of the report are likely to reduce the likelihood of impacts on ecological receptors. Subject to conditions. CONTAMINATED LAND OFFICER Based on the information provided, approval recommended providing the development proceeds in line with the application details and subject to conditions.

NORFOLK COUNTY COUNCIL HIGHWAYS No Comments Received

REPRESENTATIONS Site notice erected: 01-03-2019 to 22-03-2019

8 neighbours have been directly notified and no representations received.

The Ward Representative Cllr Robert Kybird has commented as follows:

This application was presented in draft form to a meeting of the Parish Council and their formal comment is one of no objection (which is not generally the case). It would appear that the development could contribute to the Council's target to deliver custom and self build housing.

In the absence of a recommendation for approval the application is worthy of consideration by the planning committee and would contribute to the five year land supply and be within any 5% growth target for smaller hamlets.

ASSESSMENT NOTES 1.0 Principle

1.1 The application site is located outside of any defined Settlement Boundary as designated by the adopted Core Strategy and Development Control Policies Development Plan Document (2009). For this reason the proposal conflicts in principle with Policies DC2 and CP14 of the Core Strategy and Development Control Policies Development Plan Document which seeks to focus new housing within defined Settlement Boundaries.

1.2 However, paragraph 11 of the National Planning Policy Framework (NPPF 2019 ) states that where an authority does not have an up to date five year housing land supply, the relevant local policies for the supply of housing as referred to above should not be considered up-to-date and that housing applications should be considered in the context of the presumption in favour of sustainable development.

1.3 The Government defines sustainable development as having three broad roles:

- economic, in terms of building a strong economy and in particular by ensuring that sufficient land of the right

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 230 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 type is available in the right places - social, by supporting, strong vibrant and healthy communities by providing the supply of housing required to meet future need in a high quality environment with accessible local services and - environmental, through the protection and enhancement of the natural, built and historic environment

1.4 Paragraph 8 of the NPPF also stresses that these roles are interdependent and need to be pursued in mutually supportive ways (so that opportunities can be taken to secure net gains across each of the different objectives).

1.5 In terms of the economic and social criteria, the proposal would provide one new dwelling and would therefore make a minimal contribution to the housing supply shortfall. The proposal would also provide some limited short-term economic benefits through labour and supply chain demand required during construction, and longer-term economic benefits through the additional household spend within the surrounding area that would be generated by the provision of a single dwelling.

1.6 The social role of sustainable development seeks to ensure, amongst other matters, the creation of a high quality built environment with accessible local services. Roudham/Larling is classified as a rural settlement through Policy SS1 (Spatial Strategy) of the adopted Core Strategy and Development Control Policies Development Plan Document. These villages contain limited services and facilities and the spatial strategy states that these villages are not capable of supporting consequential growth as they rely on higher order settlements for the majority of these services and facilities.

1.7 Roudham village contains no services, facilities or regular public transport options and therefore there would be a high reliance on higher order settlements for everyday needs which would likely result in higher car dependency. The nearest service centre, East Harling, is approximately 3 miles away, which is primarily accessed from unlit, unpaved roads, Attleborough, the nearest Market Town is approximately 8 miles away and is accessed via unlit, unpaved roads or via the main A11 which is unsafe for travel by any other means than by car, therefore increasing this need. Therefore the proposal is inconsistent with the social and environmental dimensions of sustainable development. This consideration carries significant weight against the proposal.

1.8 Paragraph 103 of The NPPF (2019) states that 'The planning system should actively manage patterns of growth in support of these objectives. Significant development should be focused on locations which are or can be made sustainable, through limiting the need to travel and offering a genuine choice of transport modes. This can help to reduce congestion and emissions, and improve air quality and public health. However, opportunities to maximise sustainable transport solutions will vary between urban and rural areas, and this should be taken into account in both plan-making and decision-making.'

1.9 For these reasons highlighted above the proposal would not accord with the environmental role or the core planning principle in paragraph 103 of the National Planning Policy Framework which is to actively manage patterns of growth to make the fullest possible use of public transport, walking and cycling. This consideration weighs against the proposal.

2.0 Impact on the character and appearance of the area

2.1 The environmental role of sustainable development seeks to, in part, contribute to protecting and enhancing the natural, built and historic environment. Consideration of a development's impact on the character and appearance of the area within which it is situated is, therefore, integral to the environmental dimension of sustainable design, as is its design.

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2.2 Policy DC16 requires all new development to achieve the highest standard of design. As part of this, all design proposals must preserve or enhance the existing character of an area. Consideration will also be given to the density of buildings in a particular area and the landscape/townscape effect of any increased density.

2.3 Environmentally, the site is outside the Settlement Boundary and in a rural location. There are other residential uses immediately to the west and a recent approval in April 2018 for 2 bungalows to the south of the site was approved at Planning Committee. However, these are closer to Watton Road and less intrusive to the open landscape. It is therefore considered that the proposal is not acceptable in environmental terms.

2.4 The design and scale of the proposed dwelling is for a 4 bedroom, 2-storey main property with an adjoining annexe to be 2 bedrooms with 1-storey. The planning statement is unclear on what the proposals are for, it states under a heading for 'reasonable further justification' that the proposed house and annexe would provide living accommodation for a rural worker and the annex would provide accommodation for an older family member. (allowing the younger members of the family to assist the older members to maintain independent living).

2.5 The statement fails to provide any details with regard to the rural worker, therefore there is insufficient information for this proposal to be considered in this regard.

2.6 The size and scale of the development, due to the main building being 2-storey with the additional annex joined on creates a large and imposing building within the existing open countryside, and is considered harmful to the character and appearance of the area. It is not considered infill development due to the remote nature and position of the dwelling.

2.7 The materials proposed for the development are red brick and clay pantiles for the roof, these would be in character with surrounding properties.

2.8 In conclusion, the design, scale and layout is considered to be out of character within the surrounding area which is currently open space with scattered development of farm dwellings and some residential dwellings mainly situated along Watton Road. The development would be an intrusion within the countryside, particularly due to its scale and size, therefore creating an isolated form of development and in conflict with Policy DC16 of The Adopted Core Strategy and Paragraph 79 of The NPPF (2019).

3.0 Amenity impact

3.1 Policy DC1 seeks to protect residential amenity and that all new development must have regard to amenity considerations and states that development will not be permitted where there are unacceptable effects on the amenity of neighbouring residents and future occupants.

3.2 The proposal due to its siting and location would be set well away from any other development, the closet dwelling would be Woodlands to the south-east. There would be no loss of amenity for either future or existing residents. The development to the west, adjacent to Watton Road would not have any negative impact from loss of amenity again due to the large separation distances.

3.3 The development would haver impacts upon residents views but this is not considered to carry material weight in the determination due to the large distances involved. The application is therefore considered to have due regard to Policy DC1 due to its location.

4.0 Highway safety

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4.1 Policy CP4 of the Core strategy seeks to ensure that all access and safety concerns are resolved in new developments. Policy DC19 requires sufficient Parking for all new development. The Highway Authority has been consulted but not yet responded. An update will be provided to members of the committee.

5.0 Ecological implications

5.1 Policy CP10 seeks the enhancement of biodiversity and geodiversity in the district. Proposals need to ensure that the ecological network and protected species are not harmed or detrimentally impacted and mitigation measures are put in place where appropriate.

5.2 The application was supported by an Ecological Survey, this was passed to Natural Environment Team. They subsequently advised that the report states 'there are no designated sites within 2km of the proposed development, there is a County Wildlife nearby but from the plans provided the proposed development is not located within the County Wildlife Site and the proposed development is unlikely to lead to impacts on this County Wildlife Site subject to the recommendations in the report being followed". The mitigation measures outlined in section 6 of the submitted report are likely to reduce the likelihood of impacts on ecological receptors. Therefore, subject to conditions this will comply with Policy CP10 of the Adopted Core Strategy.

6.0 Trees and Landscaping

6.1 Policy DC12 seeks to preserve the District's trees, hedgerows and other natural features and secure appropriate landscaping schemes to mitigate the impact of, and complement, new development.

6.2 An Arboricultural Assessment has been submitted alongside the application which details that there will be no loss of trees for the proposed development. It recommends tree protection fencing and for the development to proceed in line with the details within the Assessment to ensure the existing trees are protected.

6.3 The Application form submitted notes that Landscaping details are required to be detailed through conditions. Therefore, no landscaping details have been submitted at this time.

6.4 In light of the above and subject to conditions, the application is considered to have had due regard to Policy DC12.

7.0 Other matters

7.1 The Environment Agency have been consulted and have confirmed that the site is located in Flood Zone 1. The site is located above a Principal Aquifer. The developer should address risks to controlled waters from contamination at the site, following the requirements of the National Planning Policy Framework and the Environment Agency Guiding Principles for Land Contamination. If Piling is proposed the Environment Agency may need to be re-consulted. A note could be added to any subsequent permission in this regard.

8.0 Conclusion

8.1 The application does not accord with the adopted development plan as the site falls outside of any settlement boundary and is not evidenced to be for an agricultural worker or to meet any other countryside need. The Council does not currently have a 5 year land supply as required by the NPPF (2019) and this development would provide a small contribution towards Breckland's Housing supply. On this basis, the other key principle considerations for this proposal must be assessed and are whether the site is a sustainable

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7.2 The site is not in close proximity to other dwellings and is quite isolated in terms of its location. On this basis, the development of the site is considered to have a negative impact on the character and appearance of the countryside and therefore conflicts with Policy CP11.

7.3 The site is not in a sustainable location with good access to services and facilities. This is a negative aspect of the proposal, and does not accord with policies SS01 and CP14.

7.4 When applying the tilted balance, the proposals for this large dwelling and annex in this remote location, away from any facilities and services are not considered acceptable, resulting in significant and demonstrable harm. Therefore this application is recommended for refusal.

RECOMMENDATION Recommends refusal, for the reasons outlined below.

REASON(S) FOR REFUSAL 1 Non-std open countryside reason for refusal The proposed dwelling and annex would be located outside of any defined Settlement Boundary as designated by the adopted Core Strategy and Development Control Policies Development Plan Document (2009). For this reason the proposal conflicts with Policies DC2 and CP14 of the Core Strategy and Development Control Policies Development Plan Document which seeks to focus new housing within defined Settlement Boundaries.

Roudham/Larling is classified as a rural settlement through Policy SS1 (Spatial Strategy) of the adopted Core Strategy and Development Control Policies Development Plan Document. These villages contain limited services and facilities and the spatial strategy states that these villages are not capable of supporting consequential growth as they rely on higher order settlements for the majority of these services and facilities. Consequently, there would be a high reliance on higher order settlements for everyday needs which would likely result in higher car dependency, contrary to these policies. 2 Unwarranted intrusion into landscape The erection of the proposed building on this site would result in an unwarranted intrusion into this rural landscape to the detriment of the character and visual amenities of the area. The design, scale and layout is considered to be out of character within the surrounding area which is open space with scattered development of farm and residential dwellings mainly situated along Watton Road. The development would be an intrusion within the countryside, therefore creating an isolated form of development and in conflict with Policies DC16 and CP11 of The Adopted Core Strategy and Paragraph 79 of The NPPF (2019).

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ITEM: RECOMMENDATION: APPROVAL REF NO: 3PL/2018/1409/O CASE OFFICER Mark Simmonds

LOCATION: MATTISHALL APPNTYPE: Outline Part of the field to the west of Gregs POLICY: Out Settlemnt Bndry Close Mattishall ALLOCATION: N (605242,310862) CONS AREA: N

APPLICANT: Mr R Hill LB GRADE: N Church Farm Church Plain AGENT: BD+M (UK) LTD TPO: N 52 Buckenham Road Ayslam PROPOSAL: Development site for SIX self/custom build residential properties

REASON FOR COMMITTEE CONSIDERATION The application is referred to Planning Committee as it is a departure from Development Plan Policy.

KEY ISSUES Principle including Mattishall Neighbourhood Plan Impact on character and appearance Amenity impact Highway safety Trees Ecological implications

DESCRIPTION OF DEVELOPMENT The application seeks outline approval, with access only as a matter for approval at this stage for the erection of six self/custom build dwellings. Despite being in outline only, an indicative layout has been provided.

SITE AND LOCATION The site is located on part of an arable field, measuring 0.498h to the west of Gregs Close, Mattishall. The site is located in South Green which is to the south-west of the village.

The site is under 0.5h, with six dwellings proposed, amended from an initial application for 8 dwellings.

The site falls outside of the defined Settlement Boundary of Mattishall, however, the site is directly adjacent to the settlement boundary which lies on the east boundary of the proposed site.

Mattishall is classified as Local Service Centre through Policy SS1 (Spatial Strategy) of the adopted Core

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Strategy and Development Control Policies Development Plan Document.

EIA REQUIRED No

RELEVANT SITE HISTORY None Relevant.

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.01 Housing CP.04 Infrastructure CP.10 Natural Environment CP.11 Protection and Enhancement of the Landscape CP.13 Accessibility CP.14 Sustainable Rural Communities DC.01 Protection of Amenity DC.02 Principles of New Housing DC.12 Trees and Landscape DC.13 Flood Risk DC.16 Design NPPF National Planning Policy Framework NPPG National Planning Practice Guidance

OBLIGATIONS/CIL Not Applicable

CONSULTATIONS

MATTISHALL PARISH COUNCIL The Council was divided when debating this comment, however the overall vote was for objection. This application is for properties outside the development boundary. The development does not adhere to policies ENV2 (protecting important views and vistas) and HOU 3-5 in the Mattishall neighbourhood plan. The development does not compliment and enhance the existing character of the village or provide affordable housing

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NORFOLK COUNTY COUNCIL HIGHWAYS The residential estate road serving the site is considered suitable to cater for the additional traffic generated by the proposal and it is noted that the applicant intends improving and enhancing the local public right of way network including creating a new link to the Parish play area and village centre. The current application is submitted in Outline with only Access included for current consideration. I would therefore require details of parking , in accordance with adopted guidance, to form part of the Reserved Matters submission. ECOLOGICAL AND BIODIVERSITY CONSULTANT The revised Ecological report (Norfolk Wildlife Services; August 2018) is fit for purpose. We support the mitigation measures proposed to reduce the likelihood of impacts on great crested newts to acceptable levels. If you are minded to approve this application, we recommend that you condition the following: The development must proceed in accordance with the mitigation and compensation measures outlined in section 5.3 of the Ecological report (Norfolk Wildlife Services; August 2018). Enhancement measures outlined in section 5.4 of the Ecological report (Norfolk Wildlife Services; August 2018) need to be incorporated into the sites design to provide net gains for biodiversity (para 170, NPPF). TREE AND COUNTRYSIDE CONSULTANT No objections. HOUSING ENABLING OFFICER If the amendments have reduced the site size below 0.5ha, then no affordable housing is required. If the site size still exceeds 0.5ha, then affordable housing is required. CONTAMINATED LAND OFFICER No objections, subject to conditions. ANGLIAN WATER SERVICE No comments. PUBLIC RIGHTS OF WAY OFFICER I am fully supportive of the proposal which greatly improves the PROW network in the area. FP13 will need to be diverted under S257 of Town and Country Planning Act 1990, to enable development to take place. The proposed diversion also resolves the long standing anomaly on FP13 which is welcomed by Norfolk County Council. The proposed link to the play area on Parish Council land is also welcomed by Norfolk County Council, however this is subject to agreement and support from the Parish Council. The diverted path should have a width of 2 metres but the full width does not need to be surfaced, a 1.5 surfaced width would be acceptable. The surface can be an unsealed surface using MOT Type 1 with granite dust, wooden edging is not necessary. CPRE NORFOLK Norfolk-Campaign to Protect Rural England, object to the proposals;

The location for the proposed 8 new self/custom build dwellings is outside the settlement boundary/limit of Mattishall and any other settlement boundary and therefore this development is contrary to policies SS1, CP14 and DC2 of the adopted Breckland Core Strategy and Development Control Policies DPD. We note that the Design and Access Statement clearly shows the application site as lying outside the defined

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 237 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 settlement boundary (2.4) and yet makes the misleading claim that the site is positioned in a sustainable location which lies within and/or abuts the settlement boundary (2.10.) To reiterate, the site is positioned outside the settlement boundary.

The site for the proposed 8 new dwellings is currently not allocated for housing, and lies within land designated as countryside. Building on greenfield sites should be resisted where there are sustainable brownfield alternatives.

Mattishall is identified as a Service Centre Village within the adopted Core Strateg, which states that Banham, Great Ellingham, Litcham, Mattishall, Mundford, Necton, , Old Buckenham, Saham Toney and Weeting will not see a positive housing allocation for the remainder of the plan period , but will see between them at least 100 homes developed from existing commitments (Policy SS 1, Spatial Strategy.) As this Local Plan is still the adopted plan and these 10 Service Centre Villages have already seen well over 100 new homes developed since adoption of the Local Plan, no further housing should be permitted, particularly when it is contrary to other policies as shown above and is not providing needed affordable housing.

Having made the previous point about the current Local Plan, the emerging Local Plan still carries some weight in the planning process. As the applicant Design and Access Statement suggests, this new plan once/if adopted will see a minimum target of 141 new houses within Mattishall by 2036. The Statement goes on to acknowledge that this minimum target has already been met on paper, before the emerging Plan has been adopted. Therefore, it is unnecessary to permit further new housing, particularly when it is outside the settlement boundary and on an unallocated site for housing in the emerging Local Plan, as shown by Figure 17.1 (Mattishall Preferred and Alternative Sites)(Breckland Local Plan Preferred Site Options and Settlement Boundaries, September 2016.)

With a new emerging Local Plan well underway one would expect for any new sites for housing would have been put forward in the call for sites for the Breckland Plan. The application site has not been put forward and thus demonstrates that it is a speculative, unplanned application which should be refused.

The application site has also not been put forward in the call for sites for the Mattishall Neighbourhood Plan and is not an allocated site for housing in that Plan.

Further permissions, particularly for sites outside the settlement/development boundary/limit should be refused until planned development as covered by the emerging Local Plan can be considered. At that point we suggest that the vast majority of allocated sites within the existing JCS should be developed before any newly allocated sites are built out, and any speculative proposals for sites outside settlement boundaries on unallocated sites should be refused permission.

PUBLIC RIGHTS OF WAY OFFICER No Comments Received

REPRESENTATIONS Site notice displayed: 11-12-2018

28 residents were directly notified.

9 representations were received, 8 of these were objections, and 1 with comments regarding the footpath. A

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 238 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 further 2 were previous objectors with additional comments regarding the lack of information with regard to the change of development from 8 to 6 dwellings.

- Narrow cul-de-sac with no room for vehicles to turn around and two blind corners which are a danger to reversing large vehicles. - Dangerous bend in the road. - The infrastructure of the village cannot cope with more people. - The houses in the Cedars Rise development have not sold so far, so are more of this type of house really needed? - This development would put a strain on existing services, there is often a smell of sewerage. - It would impact on wildlife there are tawny owls in the area and often use the ditches to catch their prey. - Local doctors and school cannot sustain the increase, new developments in the area are not selling and are constantly being dropped in price by the developer. - The sharp bend in the road, which you cannot see round, will cause problems regarding the extra traffic generated by the construction of these houses and afterwards by the extra cars of new residents, there are likely to be two cars per house. - The houses in Cedars Rise are too expensive for local people to afford and this new proposal will be the same in terms of the capital needed to buy the plots and build the houses. - Loss of privacy, light and overlooking. - The proposed development will be overbearing and out of character with the quiet Cul-de-sac we occupy at present. - Increased traffic, noise, unsafe parking. - Negative impact on the wildlife. - Surface water flooding and drainage issues. - Parking issue overlooked- it is not unusual to have between 3 and 6 cars parked at the end of the Close. These vehicles are owned by residents who only have space to park 1 car off road, and visitors and tradesmen. - Bin lorries have a problem, as do oil tankers, gas bottle delivery trucks and other traffic that travels to the end of the Close. - It is proposed that 2 trees are to be removed to construct the last property at the end of the road. These trees have always been used as a favoured roosting for rooks etc., but over winter months there has been a small murmuration of starlings locally. This phenomenon has not been seen in Mattishall for many years as far as I know, and one of the pictures shows them using one of the trees. The trees themselves are striking and enhance the area. The hedge along the road is scrappy, but pigeons and sparrows regularly visit the ivy wrapped bushes to feed.

ASSESSMENT NOTES 1.0 Principle

1.1 The application site is located outside of the Mattishall defined Settlement Boundary, as designated by the adopted Core Strategy and Development Control Policies Development Plan Document (2009). For this reason the proposal conflicts in principle with Policies DC 2 and CP 14, which seek to focus new housing within defined Settlement Boundaries.

1.2 Paragraph 10 of the NPPF (2019) states that at the heart of the Framework is a presumption in favour of sustainable development. Paragraph 11 further states that proposed development that accords with an up- to-date Local Plan should be approved without delay, and where there are no relevant development plan policies, or the policies which are most important for determining applications are out-of-date, granting

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 239 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits.

1.3 The Council cannot demonstrate a current 5 year housing land supply and therefore the housing land supply policies within the Core Strategy and Development Control Policies Document are not considered up- to-date and therefore the material considerations are assessed in line with the sustainable development roles within paragraph 8 of the NPPF (2019):

- economic, to help build a strong, responsive and competitive economy, by ensuring that sufficient land of the right types is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure; - social, to support strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations; and by fostering a well- designed and safe built environment, with accessible services and open spaces that reflect current and future needs and support communities' health, social and cultural well-being; and - environmental, to contribute to protecting and enhancing our natural, built and historic environment; including making effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy.

1.4 Economic - The proposal would provide six new dwellings and would therefore make a positive contribution to the housing supply. The proposal would provide limited short-term economic benefits through labour and supply chain demand required during construction.

1.5 The social role of sustainable development seeks to ensure, amongst other matters, the creation of a high quality built environment with accessible local services. Mattishall is classified as Local Service Centre through Policy SS1 (Spatial Strategy) of the adopted Core Strategy and Development Control Policies Development Plan Document. Local Service Centres are defined as having adequate services and facilities to meet the day-to-day requirements of their existing residents. Mattishall has a primary school, post office, two shops, a butchers and pharmacy as well as a village hall, and a tea room. There are also frequent bus services to Norwich and , Dereham and Easton College.

1.6 The application site is approximately 7.1miles (11.43km) from Dereham, a Market Town, an adequate bus service is available.

1.7 Objections have been received stating that the development proposed is outside the 'Made' Mattishall Neighbourhood Plan (MNP) area and that the site was not put forward under the 'call for sites' exercise.

Whilst the MNP is a material consideration and is acknowledged, and it is recognised that this site falls outside of the MNP area this does not weigh sufficiently in the balance to warrant refusal. The lack of a five year supply of housing at district level engages the tilted balance in favour of sustainable development and as the MNP does not allocate housing sites the NPPF guidance is clear that the exemption to paragraph 11d is not brought in to effect:

National Planning Policy Framework (2019) Paragraph 14:

"In situations where the presumption (at paragraph 11d) applies to applications involving the provision of housing, the adverse impact of allowing development that conflicts with the neighbourhood plan is likely to significantly and demonstrably outweigh the benefits, provided all of the following apply :

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 240 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 a) the neighbourhood plan became part of the development plan two years or less before the date on which the decision is made; b) the neighbourhood plan contains policies and allocations to meet its identified housing requirement; c) the local planning authority has at least a three year supply of deliverable housing sites (against its five year housing supply requirement, including the appropriate buffer as set out in paragraph 73); and d) the local planning authority's housing delivery was at least 45% of that required9 over the previous three years".

Therefore, the exemption against the presumption in favour of sustainable development set out in the footnote to paragraph 11 does not come into the determination and the proposals are considered to be sustainable development which is supported by the guidance in the National Planning Policy Framework (2019).

2.0 Impact on the character and appearance of the area

2.1 The environmental role of sustainable development seeks to, in part, contribute to protecting and enhancing the natural, built and historic environment. Consideration of a development's impact on the character and appearance of the area within which it is situated is, therefore, integral to the environmental dimension of sustainable development, as is its design.

2.2 Policy CP11 seeks the protection and enhancement of the landscape for the sake of its intrinsic beauty and benefit to the rural character. Development should have particular regard to maintaining the aesthetic and biodiversity qualities of natural and man-made features within the landscape, including consideration of individual or groups of natural and man-made features such as trees, hedges and woodland or rivers, streams or other topographical features.

2.3 Policy DC16 requires all new development to achieve the highest standard of design. As part of this, all design proposals must preserve or enhance the existing character of an area. Consideration will also be given to the density of buildings in a particular area and the landscape/townscape effect of any increased density.

2.4 Directly to the east of Gregs Close the existing built form is characterised by linear development consisting of some 2-storey properties and detached and semi-detached bungalows. To the north of the site there is some open space which then leads onto Church Farm and to the west and south is open undeveloped land. Further south-east along Gregs Close further development sits on the west side of Gregs Close which could enable this development to be considered as a continuous form of development. It is acknowledged that there would be a loss of open space and views from the residents directly adjacent to the proposed development, however the harm thereby arising is not sufficient to justify refusing this application for planning permission, and as this proposal is in outline form at this stage, any loss of amenity could be mitigated and addressed at reserved matters stage through the siting, scale, height and landscaping details.

2.5 In light of the above factors, the proposal is considered to accord with the environmental role of sustainable development as outlined in paragraph 8 of the NPPF (2019) and policies CP11 and DC16 of the adopted Local Plan.

3.0 Amenity impact

3.1 Policy DC1 seeks to protect residential amenity and that all new development must have regard to

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 241 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 amenity considerations and states that development will not be permitted where there are unacceptable effects on the amenity of neighbouring residents and future occupants.

3.2 The application is submitted in outline only with only access as a matter for consideration at this stage therefore amenity impacts would be fully considered at reserved matters stage.

Notwithstanding that, an indicative layout has been submitted which does indicate that six dwellings could be provided within the site without causing significant impact to the amenities currently enjoyed by the neighbouring properties.

The indicative layout also shows that each dwelling would benefit from a good degree of private, rear amenity space.

4.0 Highway safety

4.1 Policy CP4 of the Core strategy seeks to ensure that all access and safety concerns are resolved in new developments. Policy DC19 requires sufficient parking for all new development.

4.2 Norfolk County Council Highways Department were consulted and advised that their authority has previously resisted estate scale development on South Green owing to issues with visibility at the junction of Church Plain and Norwich Road and also because a continuous footway does not exist on South Green to link into village facilities -there is a short section of South Green, just to the south of Church Plain, where no footway exists and where the carriageway is too narrow to rectify this.

4.3 They note, however, that permission was granted elsewhere on South Green, under ref 3PL/2016/0395, for a development of 23 dwellings contrary to their concerns.The current application is for 6 dwellings and involves alterations to the existing public rights of ways in the vicinity. The adjacent public footpath network provides a convenient, quick and direct route to the main village facilities but it is recognised by the Highways Officer that its use would largely be seasonal and would be difficult to use if pushing a buggy or for those with mobility problems. As the applicant owns Church Farm, Highways note the Local Planning Authority could require the applicant to surface the route, to an agreed standard, in such a way to encourage its use by all user groups.

4.4 The PROW team have been consulted and advise that they are fully supportive of the proposal which greatly improves the PROW network in the area.

"FP13 will need to be diverted under S257 of Town and Country Planning Act 1990, to enable development to take place. The proposed diversion also resolves the long standing anomaly on FP13 which is welcomed by Norfolk County Council. The proposed link to the play area on Parish Council land is also welcomed by Norfolk County Council, however this is subject to agreement and support from the Parish Council."

4.5 The diverted path should have a width of 2 metres but the full width does not need to be surfaced - the Public Rights of Way officer requests that the surface be an unsealed surface using MOT Type 1 with granite dust, wooden edging is not necessary.

4.6 Following correspondence with the applicant on this matter, the applicant is still willing to provide the enhancements to the PROW network, including the new link to the Parish play area and village centre, but that, for reasons of practicality given the land is cropped, they cannot agree to any formal surfacing.

4.7 It is therefore concluded that the potential improvements to the PROW network can be delivered and will

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 242 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 enhance the sustainability of the proposals.

5.0 Impact on trees/hedgerow

5.1 Policy DC12 seeks to preserve the District's trees, hedgerows and other natural features and secure appropriate landscaping schemes to mitigate the impact of, and complement, new development.

5.2 A tree protection plan and survey have been submitted with the application, the tree survey confirms the proposal to remove T1 and T2 which are mature grey Poplar trees, these would require removal for the construction of the development. It also details that the hedgerows associated with the north, east and southern boundary are established but did not contain enough species to be classified as significant under the Hedgerow Regulations. They may be important within the wider landscape as commuting routes for wildlife.

5.3 Access to the individual self-build plots will be from Gregs Close. Plots 1, 2 and 3 will require part of the mixed species hedgerow (H2) to be removed for access.

5.4 The Tree and Countryside Officer raised no objection to the proposals.

6.0 Ecological impact

6.1 Policy CP10 seeks the enhancement of biodiversity and geodiversity in the district. Proposals need to ensure that the ecological network and protected species are not harmed or detrimentally impacted and mitigation measures are put in place where appropriate.

6.2 The Natural Environment Team have been consulted and advise that the revised Ecological report (Norfolk Wildlife Services; August 2018) is fit for purpose. They support the mitigation measures proposed to reduce the likelihood of impacts on great crested newts to acceptable levels, subject to conditions.

6.3 In light of these factors and subject to conditions, the proposal is considered to accord with the requirements of CP10.

7.0 Contamination

7.1 The Contamination Officer has been consulted and advised that based on the information provided at this time; there are no objections or further comments on the grounds of Environmental Protection, providing the development proceeds in line with the application details and subject to conditions.

8.0 Conclusion

8.1 The Council acknowledges that it does not benefit from a five year housing land supply. Therefore the provision of houses on this site would help to meet the District's housing needs and the harm caused by the location outside of the settlement boundary would not demonstrably outweigh this benefit. Therefore, on balance, the presumption in favour of sustainable development applies and this application is recommended for approval.

RECOMMENDATION The application is recommended for approval, subject to conditions.

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CONDITIONS 1 Outline Time Limit (2 years) Early Delivery Application for Approval of Reserved Matters must be made not later than the expiration of TWO YEARS beginning with the date of this permission, and the development must be begun within TWO YEARS of the FINAL APPROVAL OF THE RESERVED MATTERS or, in the case of approval at different dates, the FINAL APPROVAL OF THE LAST SUCH MATTER to be approved. Reason for condition:- As required by section 92 of the Town & Country Planning Act 1990 and in order to ensure the early delivery of housing. 2 Standard Outline Condition No development whatsoever shall take place until the plans and descriptions giving details of the reserved matters referred to above shall have been submitted to and approved by the Local Planning Authority and these plans and descriptions shall provide details of the appearance, layout, scale, access and landscaping of the development. Reason for condition:- The details are not included in the current submission. 3 In accordance with submitted plans NEW 2017 The development must be carried out in strict accordance with the application form, and approved documents and drawings as set out in the table at the end of this notice. Reason for condition:- To ensure the satisfactory development of the site. 4 Ecology The development shall proceed in accordance with the mitigation and compensation measures outlined in section 5.3 of the Ecological report (Norfolk Wildlife Services; August 2018). Reason for condition:- To ensure enhancement measures for biodiversity are provided in accordance with paragraph 170 of the National Planning Policy Framework 2019. 5 Public Rights Of Way Prior to first occupation of any of the dwellings hereby approved, Public Right Of Way (ref) shall be improved in accordance with details that shall first be submitted to and approved in writing by the Local Planning Authority. Reason for condition:- To ensure satisfactory pedestrian routes are made available to improve the range of travel options and to provide a sustainable form of development. 6 Non-standard highways condition Prior to the first occupation of the development hereby permitted the vehicular access crossings over the footway shall be constructed in accordance with a detailed scheme to be agreed in writing with the Local Planning Authority in accordance with the highways specification TRAD 1 and thereafter retained at the position shown on the approved plan. Arrangement shall be made for surface water drainage to be intercepted and disposal of separately so that it does not discharge from or onto the highway. Reason: To ensure construction of a satisfactory access and to avoid carriage of extraneous material or surface water from or onto the highway in the interests of highway

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safety. 7 Non-standard highways condition Any access gates/bollard/chain/other means of obstruction shall be hung to open inwards, set back, and thereafter retained a minimum distance of 5 metres from the near channel edge of the adjacent carriageway. Any sidewalls/fences/hedges adjacent to the access shall be splayed at an angle of 45 degrees from each of the outside gateposts to the front boundary of the site. Reason: In the interests of highway safety enabling vehicles to safely draw off the highway before the gates/obstruction is opened. 8 Non-standard highways condition Prior to the first occupation of the development hereby permitted a 2.4 metre wide parallel visibility splay (as measured back from the near edge of the adjacent highway carriageway) shall be provided across the whole of the site's roadside frontage With the exception of the mature tree adjacent to Plots 6 and 7 he splays shall thereafter be maintained at all times free from any obstruction exceeding 0.6 metres above the level of the adjacent highway carriageway. Reason: In the interests of highway safety in accordance with the principles of the NPPF. 9 Precise details of surface water disposal Prior to the commencement of any works above slab level precise details of the means of surface water disposal shall be submitted to and approved in writing by the Local Planning Authority. Only such agreed system or works shall be used in connection with this approval. Reason for condition:- The details are required to be submitted prior to the commencement of development to minimise the possibilities of flooding from the outset of the development. This condition is imposed in accordance with Policies DC 1 and DC 13 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009 This condition will require to be discharged 10 Precise details of foul water disposal Prior to the commencement of any works above slab level precise details of the means of foul water disposal shall be submitted to and approved in writing by the Local Planning Authority. Reason for condition:- The details are required to be submitted prior to the commencement of development to minimise the possibilities of flooding from the outset of the development. This condition is imposed in accordance with Policies DC 1 and DC 13 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009 This condition will require to be discharged 11 Landscaping - details and implementation Prior to the occupation of the development hereby permitted a scheme of landscaping which shall take account of any existing trees or hedges on the site, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out during the planting season November/March immediately following the commencement of the development, or within such longer period as may be agreed in writing with the Local Planning Authority. The details shall take account of the Council's leaflet "Tree pack" (Landscaping advice for applicants). Any trees or plants which within a period of 5 (five) years from the completion of the landscaping scheme die, are removed or become seriously

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 245 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019

damaged or diseased shall be replaced during the next planting season with others of the same size and species unless the Local Planning Authority gives written consent to any variation. Reason for condition:- To ensure the satisfactory appearance of the development, in accordance with Policy DC 12 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 12 Contaminated Land - Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with details to be agreed in writing with the Local Planning Authority. Where remediation is necessary, a remediation scheme must be submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report shall be submitted to and approved in writing by the Local Planning Authority. Reason for condition:- To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. This condition is imposed in accordance with CP9 of the Breckland Adopted Core Strategy. This condition will require to be discharged 14 Inf 2 It is an OFFENCE to carry out any works within the Public Highway, which includes a Public Right of Way, without the permission of the Highway Authority. This development involves work to the public highway that can only be undertaken within the scope of a legal Agreement between the applicant and the County Council. Please note that it is the applicant's responsibility to ensure that, in addition to planning permission, any necessary Agreements under the Highways Act 1980 are also obtained. Advice on this matter can be obtained from the County Council's Highway Development Control Group based at County Hall in Norwich. Please contact Graham Worsfold tel 01362 656211. Public Utility apparatus may be affected by this proposal. Contact the appropriate utility service to reach agreement on any necessary alterations, which have to be carried out at the expense of the developer.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 246 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 Agenda Item 10q

ITEM: RECOMMENDATION: APPROVAL REF NO: 3PL/2019/0162/VAR CASE OFFICER Mark Simmonds

LOCATION: SHIPDHAM APPNTYPE: Variation of Cond's Land at Swan Lane POLICY: Out Settlemnt Bndry Shipdham ALLOCATION: N CONS AREA: N

APPLICANT: Clayland Estates Ltd LB GRADE: N The Glass House Lynford Gardens AGENT: Clayland Architects TPO: N The Glass House Lynford Gardens PROPOSAL: Variation of Condition 11 & removal of condition 12 on pp no 3PL/2018/0228/O (Outline application for up to 7 dwellings and provision of footpath) - remove footpath provision

REASON FOR COMMITTEE CONSIDERATION This application is being put forward to the Planning Committee as the original Outline permission was determined by The Planning Committee.

KEY ISSUES The key considerations are the acceptability of the variation of Condition 11 and the removal of condition 12 attached to planning permission 3PL/2018/0228/O.

DESCRIPTION OF DEVELOPMENT The applicant seeks to vary condition 11 and remove condition 12 which were attached to the Outline planning permission granted for the development of 7No. three bedroom Market dwellings. The conditions relate to a public right of way footpath to the rear of properties on the western side of Swan Lane linking to Market Street.

SITE AND LOCATION The site is located adjacent to the defined settlement boundary for Shipdam. By definition and as a consequence, the site is located within the countryside as defined by policy SS1 of the Adopted Local Plan (2009).

The site is a rectangular parcel of land, sited to the west of Swan Lane. The site surroundings are prodomiently residential, and the site currently is in use as an agricultural field. The site is relatively flat in nature with some light vegetation to its boundary. The site also has a sloped embankment to its eastern boundary fronting Swan Lane.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 247 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019

EIA REQUIRED No.

RELEVANT SITE HISTORY 3PL/2018/0228/O Outline planning permission was issued on the 8th February 2019, following approval at Planning Committee in October 2018.

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.13 Accessibility NPPF National Planning Policy Framework NPPG National Planning Practice Guidance

OBLIGATIONS/CIL Not applicable

CONSULTATIONS

SHIPDHAM P C The Parish Council fully supports this variation to the planning application for Swan Lane, Shipdham. The council has worked closely with the residents, developers and agents and states the following: The Parish Council approves and supports the variation to the planning application in Swan Lane for seven dwellings. The variation is to remove the original proposed permissive footpath to be sited at the rear of the new dwellings. We believe that this proposed new footpath would not be used (not being the most direct route to the village centre and amenities), but would be a white elephant. We fully agree with the polices concerns in the original application that such a path could attract anti social behaviour, attract possible burglaries etc. Into existing and new dwellings, and be a source of distress and worry to residents. The current residents of Swan Lane have used the road for many years as pedestrians, and the nature and design of the road encourages what traffic there is to go slowly and carefully. In order to satisfy any highways concerns, we would however suggest that some extra signage could be placed along the road, alerting users that there are pedestrians using the road. We would therefore ask the planning committee to listen to the residents, parish and district Councillors, and allow the variation. CONTAMINATED LAND OFFICER I have looked at the application submitted and, based on the information provided to me at this time; there are no objections or further comments on the grounds of Environmental Protection, providing the development proceeds in line with the application details.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 248 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019

HOUSING ENABLING OFFICER No comments. FLOOD & WATER MANAGEMENT TEAM No comments. CLLR LYNDA TURNER I fully support the variation to this application. Comments on the original application included concerns from residents and the police on the purpose and hazards with the proposed footpath. The proposed footpath would not be used, as it is not the natural shortest route from new/present dwellings to the village centre. Unless it was lit, tarmacked etc. it would not be used. Police were concerned that it became a route/target for antisocial behaviour and a threat to safety of existing properties. The current residents of Swan Lane have used the roadway for walking since its beginning - it is narrow and winding, so traffic naturally travels at a slower speed. The addition of 7 dwellings and residents should make no difference to the usage and safety of Swan Lane, however highways might think it might useful to have some signage alerting traffic to pedestrians, and I would support this. There is no use for this permissive footpath - a waste of money, land, safety, and to serve no purpose. PUBLIC RIGHTS OF WAY OFFICER Having read the comments online from the local Councillor who is representing the local residents it is clear that the permissive path is not wanted and as such will not be used by local people. Therefore I have no objection to the proposed variation of the condition to remove the permissive footpath.

CRIME REDUCTION & ARCHITECTURAL LIAISON No Comments Received OFFICER TREE AND COUNTRYSIDE CONSULTANT No Comments Received NORFOLK COUNTY COUNCIL HIGHWAYS No Comments Received

REPRESENTATIONS The application was advertised in The EDP 04-03-2019- 25-03-2019.

14 Neighbours have been directly notified. No comments have been received.

ASSESSMENT NOTES 1.0 Principle

1.1 In deciding an application under section 73, the Council is guided to only consider the question of the conditions subject to which planning permission should be granted. A complete re-consideration of the proposal is generally not undertaken but any party can raise issues they consider material to the determination.

1.2 Condition 11 stated:

The details to be submitted at Reserved Matters Stage shall include details of the access (paired or grouped), visibility splays (to be in accordance with the Manual for Streets), parking on site in accordance with NCC adopted guidance, turning facilities on site and details of the formal footpath

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1.3 Condition 12 stated:

The details to be submitted at Reserved Matters Stage shall include details of the boundary treatment to the formal footpath provided between the site and Market Street to be created as a Public Right of Way. The details as approved at reserved matters shall be implemented in accordance with the agreed details prior to the occupation of any of the dwellings hereby approved and retained thereafter. Reason: In order to safeguard the privacy of adjacent occupiers having regard to Policy DC1.

1.4 The applicant has stated they require to vary condition 11 to remove the footpath provision only.

1.5 The applicant has stated they require the removal of condition 12 completely as this relates to the boundary treatment to the formal footpath to be provided as a Public Right of Way.

1.6 The application form explains that:

'Following consultations with the Parish Council, local residents and the Architectural Liaison & Crime Prevention Officer this variation is submitted for removal of the proposed footpath. Pre-app consultations have been made to investigate alternative footpath routes, however these were not feasible so alternative signage solutions have been offered to mitigate highways safety concerns. It is also considered that removing the footpath provision will alleviate security concerns for local residents. The road is currently safely used by pedestrians without any recorded incidents and has good levels of visibility to oncoming traffic. The road benefits from street lighting and the nearby junction onto Market Street acts as a traffic calming measure to reduce vehicular speed.'

1.7 The Public Rights Of Way Officer has been consulted and has advised that having read the comments online from the local Councillor who is representing the local residents it is clear that the permissive path is not wanted and as such will not be used by local people. Therefore, they have no objection to the proposed variation of the condition to remove the permissive footpath.

1.8 The applicant had been advised by NCC Highways at the Outline application to provide a Public Right of Way route to provide a pedestrian access from the application site to Market Street, thereby providing a pedestrian route avoiding Swan Lane.The initial concerns expressed by NCC Highways were that the carriageway width of Swan Lane varies to allow sporadic passing provision but in places is as narrow as 3.4m. One such pinch point is adjacent to the gable frontage of 33A Market Street where the verge is already being overrun by vehicles attempting to pass resulting in the carriageway edge being eroded and mud and debris being carried out into the carriageway causing a potential skid hazard.

1.9 The proposed Right of Way was to the west of the properties to the west of Swan Lane, from the site to adjacent to Orange Fields and 31 Market Street. Objections were received to this footpath on grounds of impact on security and loss of privacy. The Police Crime and Architectural Liaison Officer had also been consulted and advised that vulnerable areas such as rear and side gardens will need a robust defensive barrier by using walls or fencing to a minimum height of 1.8m. This was then conditioned once planning permission was granted.

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1.10 The Parish Council have been consulted and they fully support this variation to the planning application. They commented that this proposed new footpath would not be used (not being the most direct route to the village centre and amenities), but would be a "white elephant" . They also fully agree with the Police concerns in the original application that such a path could attract anti social behaviour and attract possible burglaries. They note that the current residents of Swan Lane have used the road for many years as pedestrians, and the nature and design of the road encourages what traffic there is to go slowly and carefully. In order to satisfy any highways concerns they suggest that some extra signage could be placed along the road, alerting users that there are pedestrians using the road.

1.11 Taking into account the comments received from the Parish Council and the police, it is therefore considered that the proposed development is acceptable in terms of its impact on highway safety and that the provision of the footpath is not necessary.

2.0 Other matters

2.1 The Contaminated Land Officer has been consulted and advised that based on the information provided at this time; there are no objections or further comments on the grounds of Environmental Protection, providing the development proceeds in line with the application details.

3.0 Conclusions

3.1 The variation of condition 11 in relation to the Public Footpath only and the removal of condition 12 are considered to be acceptable, and therefore, recommended for approval.

RECOMMENDATION The application is recommended for approval.

CONDITIONS 1 Material Amendment This permission seeks a material amendment to planning permission 3PL/2018/0228/O. The development must commence in accordance with the time scale and conditions set out in the original permission unless varied by this permission. Reason for condition:- To comply with section 92 of the Town & Country Planning Act 1999 (as amended). 2 Standard Outline Condition No development whatsoever shall take place until the plans and descriptions giving details of the reserved matters referred to above shall have been submitted to and approved by the Local Planning Authority and these plans and descriptions shall provide details of the appearance, layout, scale, access and landscaping of the development. Reason for condition:- The details are not included in the current submission. 3 Non-standard condition The details to be submitted at Reserved Matters Stage shall include details of the access (paired or grouped), visibility splays (to be in accordance with the Manual for Streets) and parking on site in accordance with NCC adopted guidance, turning facilities on site.

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The details as approved at reserved matters shall be implemented in accordance with the agreed details prior to the occupation of any of the dwellings hereby approved and retained thereafter. Reason: In the interests of highway safety, accessibility and sustainability. 4 Landscaping - details and implementation Prior to the occupation of the development hereby permitted a scheme of landscaping which shall take account of any existing trees or hedges on the site, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out during the planting season November/March immediately following the commencement of the development, or within such longer period as may be agreed in writing with the Local Planning Authority. The details shall take account of the Council's leaflet "Tree pack" (Landscaping advice for applicants). Any trees or plants which within a period of 5 (five) years from the completion of the landscaping scheme die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with others of the same size and species unless the Local Planning Authority gives written consent to any variation. Reason for condition:- To ensure the satisfactory appearance of the development, in accordance with Policy DC 12 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 5 Hardlandscaping - details and completion Prior to the occupation of the development hereby permitted details of the hard landscaping shall be submitted to and approved in writing by the Local Planning Authority. Such approved works shall be completed in all respects before the occupation of the development hereby permitted and thereafter retained. Reason for condition:- To ensure the satisfactory appearance of the development, in accordance with Policy DC01 and DC16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 6 Fencing protection for existing trees Prior to the commencement of any work on the site, all existing trees shall be protected by the erection of Tree Protection Fencing. This fencing shall be retained throughout the period of the development and at all times when works (as defined below) are being carried out on the site. For the purposes of this condition "work" shall include the storage of plant, materials, site huts or the use of any machinery either for preparatory site work or construction itself. "Trees" shall refer to all trees both on and adjacent to the site. Protective fencing shall be constructed and maintained in accordance with BS5837:2012 and the Council's document Practice Note: Construction and Maintenance of Tree Protection Fencing, which is available to download from the Council's website. Reason for condition:- The works are required to be undertaken prior to the commencement of the development in order to safeguard the protection of trees from the outset of the development, in accordance with Policy DC 12 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009

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7 External materials and samples to be approved Prior to the commencement of any works above slab level details and samples of all external materials to be used shall be submitted to and approved in writing by the Local Planning Authority, and this condition shall apply notwithstanding any indication as to these matters which have been given in the current application. Only such agreed materials shall be used in connection with this approval. Reason for condition:- To ensure the satisfactory appearance of the development, in accordance with Policy DC 1 and DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 8 Precise details of surface water disposal Prior to the commencement of any works above slab level precise details of the means of surface water disposal shall be submitted to and approved in writing by the Local Planning Authority. Only such agreed system or works shall be used in connection with this approval. Reason for condition:- The details are required to be submitted prior to the commencement of development to minimise the possibilities of flooding from the outset of the development. This condition is imposed in accordance with Policies DC 1 and DC 13 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009 This condition will require to be discharged 9 Non-standard condition The development hereby approved shall be limited to single storey dwellings only. Reason: To ensure a form of development compatible in scale and massing with the adjacent buildings and in the interests of residential amenity, as required by policies DC 1 & DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 10 Non-standard condition The development hereby approved shall be limited to no more than 7 dwellings. Reason: To ensure a form of development compatible in scale and massing with the adjacent buildings and in the interests of residential amenity, as required by policies DC 1 & DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 11 Non-standard condition The details to be submitted at Reserved Matters Stage shall include details of the access (paired or grouped), visibility splays (to be in accordance with the Manual for Streets), parking on site in accordance with NCC adopted guidance and turning facilities on site . The details as approved at reserved matters shall be implemented in accordance with the agreed details prior to the occupation of any of the dwellings hereby approved and retained thereafter. Reason: In the interests of highway safety, accessibility and sustainability. 12 Construction Method Statement No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

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i. the parking of vehicles of site operatives and visitors ii. loading and unloading of plant and materials iii. storage of plant and materials used in constructing the development iv. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate v. wheel washing facilities vi. measures to control the emission of dust and dirt during construction vii. detailed proposals for the removal of asbestos from existing buildings to be demolished viii. a scheme for recycling/disposing of waste resulting from demolition and construction works Reason for condition: The details are required prior to the commencement of the development in the interests of the amenity of the area and to ensure a safe development from the outset of the development. This condition will require to be discharged 14 Contaminated Land - Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with details to be agreed in writing with the Local Planning Authority. Where remediation is necessary, a remediation scheme must be submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report shall be submitted to and approved in writing by the Local Planning Authority. Reason for condition:- To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. This condition is imposed in accordance with CP9 of the Breckland Adopted Core Strategy. This condition will require to be discharged

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 254 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 Agenda Item 10r

ITEM: RECOMMENDATION: REFUSAL REF NO: 3PL/2019/0088/F CASE OFFICER Lisa ODonovan

LOCATION: SHROPHAM APPNTYPE: Full Foxes Barn POLICY: Out Settlemnt Bndry Watton Road, Shropham ALLOCATION: N CONS AREA: N

APPLICANT: Hazelby Property Developments Ltd LB GRADE: N 48 Arlington Gardens Attleborough AGENT: Mr John Barbuk TPO: N PattersonDESIGN Ltd Suva House PROPOSAL: 4 dwellings & garages

REASON FOR COMMITTEE CONSIDERATION The application is brought to Committee at the request of a Councillor.

KEY ISSUES Principle Impact on character and appearance of the area Amenity impact Highway safety Tree impact Ecological implications

DESCRIPTION OF DEVELOPMENT The application seeks permission for the erection of 4 dwellings and garages on land to the south of Watton Road, Shropham. Two dwellings, the road fronting element, will comprise of a pair of detached, two-storey dwellings with integral garages with the remaining two dwellings sited behind, comprising of detached, two- storey dwellings with detached garages.

The dwellings will comprise of the following:

Plots 3 and 4 - 3 bedrooms Plot 2 - 4 bedrooms Plot 1 - 4 bedrooms

A mix of materials are proposed: timber cladding and rendered and brick walls.

SITE AND LOCATION

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The site is currently well-screened from the road frontage by established trees and mature planting. It is surrounded by agricultural land to the south, east and west with Watton Road to the north and a pair of semi- detached dwellings opposite and a property known as Foxlands to the north-west.

EIA REQUIRED No

RELEVANT SITE HISTORY 3PL/2018/0969/F - Erect 5 no. new private dwelling houses - Withdrawn

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.04 Infrastructure CP.10 Natural Environment CP.14 Sustainable Rural Communities DC.01 Protection of Amenity DC.02 Principles of New Housing DC.12 Trees and Landscape DC.16 Design DC.19 Parking Provision NPPF National Planning Policy Framework NPPG National Planning Practice Guidance SS1 Spatial Strategy

OBLIGATIONS/CIL Not Applicable

CONSULTATIONS

NORFOLK COUNTY COUNCIL HIGHWAYS Shropham village has extremely limited services and amenities and lacks any school, village shop or regular public transport provision. Advice in the NPPF not only supports the need for safe and suitable access for all people, but also encourages the importance of being able to make everyday journeys without reliance on a car. In this instance the lack of local services, schooling & employment facilities is likely to preclude any realistic opportunity of encouraging a modal shift away from the use of the private car.

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The limited services which do exist (i.e. the Village Hall and school/flexi bus collection points) are located to the east of the site. The nearest footway provision which links the site to these services is some 250 metres away. Consequently to access village facilities on foot, in particular the school bus pick up point, would require pedestrians to walk in the live, unlit, carriageway of a busy classified highway (C138 Watton Road) which acts as a cross country link between A11 Trunk Road and B1111 Watton Road.

Any pedestrian movements resulting from this development, in particular from more vulnerable groups such as school children and adults with mobility difficulties, would also increase the propensity for pedestrian/vehicular conflict to the detriment of highway safety.

In light of the above we have no option but to recommend the application be refused. CONTAMINATED LAND OFFICER No objection subject to condition. TREE AND COUNTRYSIDE CONSULTANT Aerial pictures would indicate that the applicant has removed a number of trees prior to application. I have concerns over the proximity of dwellings to trees on the northern boundary of the site and the likelihood of future pressure for further tree removal or heavy pruning. I also do not see that there is any overriding justification for surfacing within the rpa of these trees (even if it is no-dig) I would recommend that some adjustments are made to bring dwellings further away from trees and that surfacing within the rpa is removed. In addition to these comments it appears that hedgerow may have been removed from the site frontage adjacent to Watton Road. This may be an offence under the hedgerow regulations 1997 and will require further investigation. ECOLOGICAL AND BIODIVERSITY CONSULTANT The Ecological Impact Assessment report submitted in support of this application (Gray Ecology; May 2018) establishes base-line conditions at the time of site visit. The report states "the site consisted of recently cleared land, previously heavily overgrown site of bramble and nettle", however from publicly available aerial sources this does not appear to be the case and the site appears to have recently been cleared of trees. We would expect to see sufficient compensation for the loss of these trees incorporated into the site's design. We agree with the mitigation measures outlined in sections 6.1 of the Ecological Impact Assessment (Gray Ecology; May 2018) to reduce the likelihood of impacts on protected species to acceptable levels. The NPPF requires that planning decisions should enhance the natural environment by 'providing net gains for nature' (paragraph 170). I would suggest that the applicant is required to provide enhancements measures outlined in section 6.2 of the Ecological Impact Assessment (Gray Ecology; May 2018). No impacts on Designated Sites are envisaged given the distance between these areas and the proposed development site. If you are minded to approve this application, we recommend that you condition mitigation and enhancement measures. SHROPHAM P C Shropham Parish Council has the following comments:- We would reiterate our comments made on previous application number 3PL/2018/0969/F namely - The style of the proposed development is not in keeping with the houses already situated in this area of the village. - The mix of materials proposed are for the sake of appearing contemporary and will be to the detriment of the surrounding area and properties. - The properties are out of character and would damage the character of the local area contrary to Policy DC1 of the Core Strategy and Development Control Policy Document. - The two properties facing the road should be substantially reduced to be sympathetic to West and East Cottages - The proposed development is detrimental to and will damage the street scene which is of a linear nature. CHIEF FIRE OFFICER Norfolk Fire and Rescue Service would like to add the following as a planning condition to this development:

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With reference to this application, taking into account the location of the existing fire hydrant coverage, Norfolk Fire and Rescue Service will require a hydrant to be installed on no less than a 90mm main.

REPRESENTATIONS Site notice erected: 22-02-2019 Consultations issued: 08-02-2019

Three representations received raising concerns in respect of:- - Design out of keeping with the area - Overlooking/loss of privacy - Loss of light - Location outside of the settlement boundary and distance to services and facilities.

ASSESSMENT NOTES 1.0 Principle

1.1 The application site is located outside of the Shropham defined Settlement Boundary, as designated by the adopted Core Strategy and Development Control Policies Development Plan Document (2009). For this reason the proposal conflicts in principle with Policies DC 2 and CP 14, which seek to focus new housing within defined Settlement Boundaries.

1.2 Paragraph 10 of the NPPF states that at the heart of the Framework is a presumption in favour of sustainable development. Paragraph 11 further states that proposed development that accords with an up- to-date Local Plan should be approved without delay, and where there are no relevant development plan policies, or the policies which are most important for determining applications are out-of-date, granting permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits.

1.3 The Council cannot demonstrate a current 5 year housing land supply and therefore the Core Strategy and Development Control Policies Document relating to housing land supply only are not considered up-to- date and therefore the material considerations are assessed in line with the sustainable development roles within paragrapgh 8 of the NPPF:

- economic, to help build a strong, responsive and competitive economy, by ensuring that sufficient land of the right types is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure; - social, to support strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations; and by fostering a well- designed and safe built environment, with accessible services and open spaces that reflect current and future needs and support communities' health, social and cultural well-being; and - environmental, to contribute to protecting and enhancing our natural, built and historic environment; including making effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy.

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1.4 In terms of the economic and social criteria, the proposal would provide four new dwellings and would provide some short-term economic benefits through construction, and longer-term economic benefits through additional household spend within the surrounding area that would be generated by the provision of the dwelling.

1.5 It is noted that there some local facilities in Shropham, with the village hall, fitness centre and employment opportunities (business park to the south-east) between 0.5 and 0.8 miles from the site, and that Attleborough, a Market Town, is nearby (approximately 6 miles to the north-east) and whilst not considered within a walking/cycling distance, the site's proximity to the A11 makes the site easily accessible to the wider District and the site is as accessible to services as other dwellings in the settlement boundary given its close proximity to it. The scheme would not be wholly isolated, given the proximity of dwellings opposite. There is an argument that there is a fine balance but that the application meets the social role of sustainable development however there is likely to be a high reliance on travel by car to access facilities and services.

2.0 Impact on the character and appearance of the area

2.1 The environmental role of sustainable development seeks to, in part, contribute to protecting and enhancing the natural, built and historic environment. Consideration of a development's impact on the character and appearance of the area within which it is situated is, therefore, integral to the environmental dimension of sustainable design, as is its design.

2.2 Policy CP11 seeks the protection and enhancement of the landscape for the sake of its intrinsic beauty and benefit to the rural character. Development should have particular regard to maintaining the aesthetic and biodiversity qualities of natural and man-made features within the landscape, including consideration of individual or groups of natural and man-made features such as trees, hedges and woodland or rivers, streams or other topographical features.

2.3 Policy DC16 requires all new development to achieve the highest standard of design. As part of this, all design proposals must preserve or enhance the existing character of an area. Consideration will also be given to the density of buildings in a particular area and the landscape/townscape effect of any increased density.

2.4 The site lies to the south of Watton Road away from the main hub of Shropham Village which lies to the west. Other than a pair of semi-detached dwellings opposite the site and a well screened dwelling approximately 100m to the west, the site is surrounded by agricultural land and therefore is agrarian in character. There is a mature tree belt which helps screen the site to the road, other than that there are open boundaries into the countryside beyond with a track positioned to the west.

2.5 Whilst an argument has been put forward that the development/site could be deemed as infill, it is considered, in this instance, that this is not the case given the large separation distance between it and the surrounding properties. It is considered that the erection of four dwellings in this location will result in a prominent and sporadic form of development which would encroach into the openness of the countryside, eroding the rural qualities of the area. In addition to the impact of the proposed development, it is also necessary to consider the visual impacts of the residential use such as vehicle movements and parking, domestic cultivation and items such as garden furniture and washing lines. These factors would also detract from the rural character of the area.

2.6 In addition, the design of the proposed dwellings, particularly the road fronting plots are considered out of keeping with the sporadic, more traditional form of development, particularly taking reference from the dwellings opposite which comprise of a pair of two storey semi-detached dwellings with traditional pitches

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 259 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 and elements that are set back in order to break up the different components of the dwellings. The scale and overall bulk and massing of the dwellings proposed are considered unduly large and out of keeping when viewed in their rural/countryside location.

2.7 In light of the above factors, the proposal is not considered to accord with the environmental role of sustainable development, policies CP11 or DC16 of the adopted Local Plan or paragraph 127 of the NPPF (February 2019).

3.0 Amenity impact

3.1 Policy DC1 seeks to protect residential amenity and that all new development must have regard to amenity considerations and states that development will not be permitted where there are unacceptable effects on the amenity of neighbouring residents and future occupants.

3.2 The proposed dwellings have been sited within the plot and designed internally to ensure that overlooking and privacy will not be a significant adverse issue between each of the dwellings. A sufficient separation distance exists between the proposed road fronting dwellings (plots 3 and 4) and the existing dwellings opposite to ensure that their privacy is also retained, this is also helped by the existing tree belt which is proposed for retention. The proposed dwellings will not appear over-dominent to each other given the spacing between and each plot has been afforded with a good degree of private amenity space.

3.3 In light of these factors, the proposal is considered to accord with Policy DC1 and paragraph 127(f) of the NPPF.

4.0 Highway safety

4.1 Policy CP4 of the Core strategy seeks to ensure that all access and safety concerns are resolved in new developments. Policy DC19 requires sufficient parking for all new development.

4.2 The proposal seeks a new access road to the east of the proposed dwellings, as such, Norfolk County Council Highways was consulted on the proposal and has subsequently advised that Shropham village has extremely limited services and amenities and lacks any school, village shop or regular public transport provision.

4.3 Advice in the NPPF not only supports the need for safe and suitable access for all people, but also encourages the importance of being able to make everyday journeys without reliance on a car. In this instance the lack of local services, schooling & employment facilities is likely to preclude any realistic opportunity of encouraging a modal shift away from the use of the private car.

4.4 The limited services which do exist (i.e. the Village Hall and school/flexi bus collection points) are located to the east of the site. The nearest footway provision which links the site to these services is some 250 metres away. Consequently to access village facilities on foot, in particular the school bus pick up point, would require pedestrians to walk in the live, unlit, carriageway of a busy classified highway (C138 Watton Road) which acts as a cross country link between A11 Trunk Road and B1111 Watton Road. Any pedestrian movements resulting from this development, in particular from more vulnerable groups such as school children and adults with mobility difficulties, would also increase the propensity for pedestrian/vehicular conflict to the detriment of highway safety. The proposal is therefore considered contrary to Policy CP4 and paragraph 108 of the NPPF (February 2018) and is recommended for refusal on this basis.

5.0 Tree implications

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5.1 Policy DC12 seeks to preserve the District's trees, hedgerows and other natural features and secure appropriate landscaping schemes to mitigate the impact of, and complement, new development.

5.2 Whilst the site is not within a conservation area and none of the trees on or around the site are the subject of a Tree Preservation Order, there is a row of mature trees along the site frontage that do contribute to the character of the area which is charatersied by sporadic development with green/agricultural spaces between. The two forward most dwellings are set behind these trees. As such the Tree and Countryside Officer was consulted and advised that there is no overriding justification for surfacing within the root protection area (RPA) of these trees (even if it is no-dig) it was recommended that some adjustments are made to bring dwellings further away from trees and that surfacing within the rpa is removed.

5.3 Concern was also raised regarding the removal of hedgerow to the frontage, however this is dealt with via separate Hedgerow Regulations (1997).

5.4 In light of the above, the application is not considered to have had due regard to Policy DC12.

6.0 Ecological implications

6.1 Policy CP10 seeks the enhancement of biodiversity and geodiversity in the district. There is an expectation that development will incorporate biodiversity or geological features where opportunities exist.

6.2 The Ecology Team advised that the Ecological Impact Assessment report submitted in support of this application (Gray Ecology; May 2018) establishes base-line conditions at the time of site visit. The report states 'the site consisted of recently cleared land, previously heavily overgrown site of bramble and nettle', however from publicly available aerial sources this does not appear to be the case and the site appears to have recently been cleared of trees. Compensation for the loss of these trees should therefore be incorporated into the site's design. There is agreement with the mitigation measures outlined in sections 6.1 of the Ecological Impact Assessment (Gray Ecology; May 2018) in order to reduce the likelihood of impacts on protected species to acceptable levels. The NPPF requires that planning decisions should enhance the natural environment by "providing net gains for nature" (paragraph 170). It is therefore suggested that the applicant provide enhancement measures outlined in section 6.2 of the Ecological Impact Assessment (Gray Ecology; May 2018).

6.3 No impacts on Designated Sites are envisaged given the distance between these areas and the proposed development site. If approval is recommended, this should be subject to conditions in respect of mitigation and enhacement measures.

7.0 Conclusion

7.1 Whilst the proposal will provide four new dwellings toward the Council's housing supply, the harm identified above in respect of sustainability, highway safety and the impact on the character and appearance of the area, including trees, are considered to significantly and demonstrably outweigh the benefits, as such, the proposal is recommended fro refusal.

RECOMMENDATION Recommend refusal for the reasons given below.

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REASON(S) FOR REFUSAL 1 Impact on the character and appearance of the area The Local Planning Authority considers that the introduction of dwellings in this location where residential development is limited would detract from the open/green character of the area generally, and would not relate as a logical extension to the existing Settlement Boundary. As such the proposal would conflict with the environmental role of sustainable development, Core Strategy Policies DC16 and CP11 and the guidance at paragraph 170 of the NPPF, which seek to safeguard the intrinsic beauty of the countryside and protect valued landscapes. 2 Design - prominent and out of keeping The design of the dwellings proposed, particularly the road fronting plots are considered out of keeping with the limited development that exists nearby and will result in an overly prominent development which fails to preserve or enhance the character of the area, contrary to Policy DC16 and paragraph 127 of the NPPF (February 2019). 3 Inadequate provision for pedestrians/cyclists/disabilities The proposed development does not adequately provide off-site facilities for pedestrians / cyclists / people with disabilities (those confined to a wheelchair or others with mobility difficulties) to link with existing provision and/or local services, contrary to paragraph 110 of the NPPF (February 2019). 4 Reliance on private car - unsustainable The proposal is remote from local service centre provision conflicting with the aims of sustainable development, the need to minimise travel, and the ability to encourage walking, cycling, use of public transport and reduce the reliance on the private car as represented in national and local policy. Contrary to the National Planning Policy Framework (paragraph 102) and Policy 5 of Norfolk's 3rd Local Transport Plan, entitled Connecting Norfolk. 5 Impact on established trees The application fails to have due regard to Policy DC12 of the adopted Local Plan in terms of reducing the impact of the development on an established group of trees to the site frontage which are considered to contribute to the overall greena and rural character of the area.

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ITEM: RECOMMENDATION: APPROVAL REF NO: 3PL/2018/1071/F CASE OFFICER Rebecca Collins

LOCATION: SHROPHAM APPNTYPE: Full Land off Hargham Rd POLICY: Out Settlemnt Bndry Shropham ALLOCATION: N CONS AREA: N

APPLICANT: M & GW Negus LB GRADE: N Colney House 16 Colney Lane AGENT: CAM Architects ( Norwich) Ltd. TPO: N Studio 10 Netherconesford PROPOSAL: New housing scheme comprising six. self-build dwellings and associated works

REASON FOR COMMITTEE CONSIDERATION The proposal is reported to Planning Committee as due to its location outside of a designated settlement boundary then it is considered contrary to policy.

KEY ISSUES - Principle of the development - Impact on the character of the area - Impact on amenity - Impact on highway safety - Biodiversity - Other issues

DESCRIPTION OF DEVELOPMENT The proposal seeks Full Planning consent for 8 dwellings. The applicant has identified these as self-build dwellings. The site layout shows eight detached properties with four accesses, one for every two properties.

Bungalows are proposed for plots 1, 7 and 8. These two bedroom bungalows have accommodation in their roofspace, with two dormer windows to the rear roof slope. Plots 2, 5 and 6 have a three bedroom property which has accommodation over two floors, with a first floor timber clad and zinc roof feature gable to the front and rear elevations with plain profile tiles to the main roof. Plots 3 and 4 have three bedroom dwellings with zinc roofing and brick and timber clad walls. The front elevation roof slopes down to the ground floor eaves and its rear elevation appears as a two storey elevation. This property has a car port.

The proposed properties have large rear gardens. The site plan indicates a new 3 bar fence to the eastern and southern boundaries with new vegetation to create a new boundary. The existing western boundary vegetation would be retained. A new footpath to the frontage would be created.

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The dwellings would be constructed of brick, render and cladding. Surface water will be disposed of to a soakaway.

SITE AND LOCATION The site is 0.95 hectares and is agricultural land. It is located to the south of Hargham Road and it extends from Four Winds to the west and to the east it extends to opposite the entrance to Oak Tree Business Park. The dwellings to the north are two storey properties. Four Winds is a bungalow. The south western boundary of the site extends to the rear of Four Winds and to part of the south eastern boundary with the property known as Faraway. Red Lodge is to the east of the site.

EIA REQUIRED No.

RELEVANT SITE HISTORY 3PL/2017/1320/O New housing scheme and associated works comprising 2no. bungalows and 8no. houses Withdrawn

The proposals have been amended during the course of the application reducing the proposed housing numbers for 8 to 6 and reducing the site area to 0.48hectares.

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.01 Housing CP.10 Natural Environment CP.11 Protection and Enhancement of the Landscape CP.13 Accessibility CP.14 Sustainable Rural Communities DC.01 Protection of Amenity DC.02 Principles of New Housing DC.12 Trees and Landscape DC.13 Flood Risk DC.16 Design DC.19 Parking Provision NPPF National Planning Policy Framework NPPG National Planning Practice Guidance SS1 Spatial Strategy

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OBLIGATIONS/CIL The amendments to the scheme mean no contributions are required.

CONSULTATIONS

PARISH COUNCIL Comments on amended site plan: The majority view is that it would be appropriate if the proposed dwellings could be more uniform in height and not be built using such a wide range of materials. Further, it is unusual that a Full application should be sought for self build dwellings. Initial comments: a) Road Safety is a very serious concern. This road is notorious for speeding vehicles and adding four further entry/access points in to a busy/dangerous location is considered unacceptable. b) The Parish Council has serious concerns that the proposed development does not include a footpath to enable residents safe passage by foot to the village centre. Advice given in the National Planning Policy Framework supports the need for safe access for all people, but also encourages the importance of being able to make normal journeys without reliance on a motor car. The lack of local services and public transport within the village of Shropham would suggest that this would not be achieved. c) The proposed development does not contribute to any employment growth, contrary to Policy SS1 of the Core Strategy and Development Control Policy Document. d) The proposed development lacks sustainability. Shropham is not a Local Service Centre. e) There is demonstrably insufficient local infrastructure and health and social care, contrary to Policies CP4 and CP5 of the Core Strategy and Development Control Policy Document. f) There are already several proposed plots with planning permission within the village of Shropham. g) The proposed development is contrary to CP14 of the Core Strategy and Development Policy Document. NORFOLK COUNTY COUNCIL HIGHWAYS Comments on amended plan: It is noted that the applicant is willing to provide a footway between the site and the bus stop to the south of the village hall and playing field. Shropham has limited footway provision however the proposal does at least link into a short length of existing footway by the bus stop which serves as the school bus pick up point . Given the size of the dwellings proposed it is fair to assume that there will be a number of secondary school age children who will use this service and would consequently use the footway . It would also provide the opportunity for the Village Hall to provide a pedestrian access to the facility from Shropham Road should they choose. On that basis it may be difficult to maintain the highway objection to the proposed development on the grounds of the lack of pedestrian provision. The footway does not overcome the Transport Sustainability objection as detailed in my original response. However, conditions are recommended if you have overriding planning reasons for granting approval.

Initial comments: This is a resubmission of 3PL/2017/1320 with the scheme reduced from 10 to 8 dwellings and with the adoptable highway element removed. Notwithstanding the reduction in the number of dwellings proposed, NCC Highways would continue to maintain its objection to the proposal on the grounds of transport sustainability and lack of pedestrian provision based on the following assessment. Shropham village has extremely limited services and amenities and lacks any school, village shop or regular public transport provision. Advice in the NPPF not only supports the need for safe and suitable access for all people, but also encourages the importance of being able to make every day journeys without reliance on a car. In this instance the lack of local services, schooling & employment facilities is likely to preclude any

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 265 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 realistic opportunity of encouraging a modal shift away from the use of the private car. The limited services which do exist (i.e. the Village Hall and school/flexi bus collection points) are located to the west of the site and there is no footway which links the site to these. Whilst it is proposed to introduce a footway along the site frontage there would remain a considerable distance where pedestrians would be required to walk in the live, unlit, carriageway of Hargham Road. It should be noted that Hargham Road is designated a Local Access Route in the County Council's Route Hierarchy which provide access to and from the A11. Any pedestrian movements resulting from this development, in particular from more vulnerable groups such as school children and adults with mobility difficulties, will also increase the propensity for pedestrian/vehicular conflict to the detriment of highway safety. In light of the above we have no option but to recommend the application be refused ECOLOGICAL AND BIODIVERSITY CONSULTANT This application is supported by a Preliminary Ecological Appraisal letter report (Torc Ecology; October 2017) and Preliminary Ecological Appraisal of proposed footpath (Torc Ecology; January 2019). The report highlights habitats on site have the potential to support nesting birds, bat, reptiles, badgers, brown hare and hedgehogs. We agree with the mitigation measures proposed to reduce the likelihood of impacts on these species to acceptable levels. We support the planting of a native species hedgerow along the western boundary of the site and any lighting needs to be directional away from this boundary to minimise impacts on bats. We agree with the report that there are unlikely to be impacts on designated sites.

The NPPF requires that planning decisions should enhance the natural environment by providing net gains for nature (paragraph 170). I would suggest that the scope of ecological enhancement should be formalised in an ecological enhancement plan. Conditions recommended regarding mitigation measures and a sensitive lighting scheme and a biodiversity enhancement plan. CONTAMINATED LAND OFFICER No objections subject to conditions. TREE AND COUNTRYSIDE CONSULTANT Tree loss is limited to relatively low value specimens and is mitigated by additional planting shown in the landscaping plan. Condition required. HISTORIC BUILDINGS CONSULTANT Comment on amended consultation: No objection. It is considered that the proposed development would not have a harmful impact on the setting of the nearest designated heritage assets.

Initial Consultation: Previous comment provided on 3PL/2017/1320/O remains applicable - ''The application site is to the east of two designated heritage assets (the grade I listed church of St. Peter and the grade II former Vicarage). Given the potential setting issue, it is recommended that Historic England are consulted. HISTORIC ENGLAND On the basis of the information available to date, we do not wish to offer any comments. We suggest that you seek the views of your specialist conservation and archaeological advisers, as relevant. It is not necessary for us to be consulted on this application again, unless there are material changes to the proposals. HOUSING ENABLING OFFICER In the event the site exceed 0.5ha then affordable housing of 25% would be required.

PRINCIPAL PLANNER MINERAL & WASTE POLICY No Comments Received

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REPRESENTATIONS An initial consultation as undertaken and the following responses were received:

5 letters of support: - Shropham is a growing village close to main road (A11) - Industrial development at Snetterton needing housing for its workers. - The concerns over speeding are no different to in every village. - Shropham needs more housing in a controlled way. Offering self build plots is a great idea. - More development in the area may help to support activities and amenities in the village. - The village is pulling out of doldrums it had thirty years ago into a thriving village may it keep moving forward. - This type of development is welcome as we need to build new properties to encourage new people to move in and support our existing amenities. - The site is an ideal location and the plan provides for buildings of a type much needed. - They fit into the street scene and compliment the area - We are not opposed to suitable building developments within the village, and we feel that the field in question offers an appropriate site for some dwellings, filling in the line along Hargham Road. - We appreciate the generous size of the plots, in keeping with nearby properties. - We support this plan for dwellings in a linear design, as we feel this is more in keeping with the nature of Hargham Road than the previous design, although our personal preference would be for bungalows. We feel that this application fits more appropriately into the village as a whole than some previous developments which have already been granted. - Whilst we support this particular development, completing this residential section of the village, we feel that any further developments of this size or larger would be detrimental to the rural nature of the village, and cannot be supported by existing services.

8 letters of objection: - Proposal is contrary to Breckland policies - A previous application was withdrawn following objections. - Impact on highway safety - Four accesses onto Hargham Road where the last one nearest Red Lodge would be close to the exit from Oak Tree Business Park. Also it would be closer to the curve in the road near Red Lodge on entering the village from the A11 which would restrict the view of vehicles leaving the proposed site. - Lack of footpath to village centre - Lack of facilities in the village - Site is close to designated heritage assets - Concerns were raised by consultees to the previous application and it is likely that the same concerns will be raised again. - Proposal is for ribbon development on a Local Access Road contrary to the Ribbon Development Act - No justification for developing only part of the site frontage - The site is considerably east of the village without facilities - Proposal is not sustainable development - Other areas of land in the village are closer to the village centre - When I purchased Four Winds, I looked carefully at becoming adjoined or enclosed and I was assured that this would be highly unlikely.

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- The proposed house adjacent to Four Winds is set back behind the projection of the rear wall of my property and have a detrimental impact on my property and garden in terms of loss of light. - Nothing has changed in Shropham since the previous application for this site. - Hargham Road is still a fast, dangerous road, the speed limit is regularly ignored, the SAM camera is still recording speeds in excess of 80mph. - No more development should be permitted in Shropham until effective traffic calming is in place and is shown to be working. - This land is used by bats for feeding. - Concern that they are self build properties - The loss of trees and hedgerows will have a detrimental effect on the wildlife - There is no infrastructure in Shropham with no bus service, no street lighting no pavements leading to the only central part of the village being the social club and recreation centre. - All the properties in front of Oaktree Business park are already deprived of natural light due to a 20ft bund at the back of them and to obstruct the light at the front of the properties means electricity is constantly going to have to be used to light the homes. - Properties to south of Hargham Road are all bungalows - It is not small scale - Shropham also has been subjected to no water twice in the past 2 weeks and power cuts are also a regular occurrence. - Impact on Oaktree Cottages in terms of loss of light - Noise from the 24/7 hour operation of industrial uses - Visual impact

Re-consultation

3 further letters in response to re-consultation: - Query the construction of the proposed new footpath and whether it is a low-cost footpath using unbound material instead of asphalt and would not have kerbstones for protection. The verges along Hargham Road are being destroyed by farm vehicles. - Concern regarding speeding. - Despite 30mph signs, a SAM camera, twice weekly Speed Watch activity and the regular attendance of a Speeding Partnership officer, all have failed to successfully deal with the speeding problem in Shropham. We have houses on both sides of the road for most of the length of Hargham Road and also Watton Road but it makes no difference at all to motorists' perception that they are in a 30mph zone hence the attempts, detailed above, to curb traffic speed. - The suggested design of at least 2 of the houses includes a zinc roof and timber cladding along with brick elements. This type of design for the proposed site would not sit comfortably with surrounding properties neither would it enhance the surroundings. These designs do not and would not fit with the local vernacular, (including materials). - Plans for proposed houses 2, 5 and 6 appear to show houses much taller than the 11/2 storey they should be. The long windows shown at the front elevation would overlook Oak Tree cottages, depriving residents of their privacy. - The proposed development will place the first dwelling immediately behind my property. Concern with feeling enclosed. - Not in keeping with the bungalows on either side. - Shropham is not included in the service centres of villages acceptable for development because of the lack of any facilities / amenities, - The offer of a footpath to help with pedestrian to the existing bus shelter in the centre of the village is a step towards providing a safe passage for children/adults to walk to the centre. (It would be nice to think that this footpath would be completed preferably with a form of lighting before any commencement of any works and

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 268 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 perhaps make this a condition if planning is granted). - This development at one end of a very long single strand of housing is not the best way forward to develop Shropham so it can achieve a better standing for any future development that there are quite a few approved planning applications towards the centre of the village.

Re-consultation with reduced number of dwellings Pleased that the number of dwellings has been reduced. The remaining land should be set aside for nature with no further development taking place.

ASSESSMENT NOTES Principle

1.1 The National Planning Policy Framework (NPPF 2019) states that local authorities should attach significant weight to the benefits of economic and housing growth and enable the delivery of sustainable developments. It states that achieving sustainable development means that the planning system has three overarching objectives, namely an economic objective, a social objective and an environmental objective. The application will therefore be assessed in the content of the presumption in favour of sustainable development.

1.2 In relation to housing, NPPF (2019) states that to support the Government's objective of significantly boosting the supply of homes, it is important that a sufficient amount and variety of land can come forward where it is needed, that the needs of groups with specific housing requirements are addressed and that land with permission is developed without unnecessary delay. In order to achieve this objective the government requires that authorities should identify and maintain a rolling supply of specific deliverable sites sufficient to provide five years worth of housing against their housing requirements plus an additional buffer of 5% to ensure choice and competition in the market for land. Where there has been persistent under delivery the buffer should be increased to 20%.

1.3 Paragraph 78 of the NPPF (2019) states that in order to promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. Planning policies should identify opportunities for villages to grow and thrive, especially where this will support local services.

1.4 The application site lies outside of the designated Shropham settlement boundary but adjacent to it. The settlement boundary runs along the western boundary of the application site alongside Fourwinds. Development outside settlement boundaries is restricted by policies SS1, CP14 and DC02 of the adopted Core Strategy.

1.5 Paragraph 11 of the NPPF (2019) states that where an authority does not have an up-to-date Development Plan or five year housing land supply, the relevant local policies for the supply of housing, as referred to above, should not be considered up-to-date and that housing applications should be considered in the context of the presumption in favour of sustainable development.

1.6 Shropham has a village hall and employment opportunities. However it does not have a school or retail facilities. NCC Highways had initially recommended refusal on the grounds of transport sustainability and lack of pedestrian provision. They advised that Shropham village has extremely limited services and amenities and lacks any school, village shop or regular public transport provision. In this instance the lack of local services, schooling & employment facilities is likely to preclude any realistic opportunity of encouraging

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 269 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 a modal shift away from the use of the private car. The limited services which do exist (i.e. the Village Hall and school/flexi bus collection points) are located to the west of the site and there is no footway which links the site to these. In response to this the applicant submitted a revised plan showing a footpath to be provided outside the site.

1.7 NCC Highways have been re-consulted on this amended plan. Their comments on the amended plan regarding the impact on highway safety are discussed later in this report. They maintain their objection on the grounds of sustainability advising that the footway does not overcome the transport sustainability objection that they originally raised.

1.8 The applicant has advised that the site is close to the neighbouring villages of Rocklands and which have primary schools and shops. There is also a bus service to Attleborough. Therefore , in line with paragraph 11 of the NPPF the proposed dwellings would help support services in neighbouring villages and Attleborough and help support the social facilities within the village of Shropham. They note that there are some local facilities in Shropham, with the village hall, fitness centre and employment opportunities (business park in close proximity) a short walk away from the site. The development site is also close to other residential properties therefore the applicants do not consider that the site is isolated.

1.9 It is considered that the site is adjacent to other residential properties and whilst there are limited services and facilities in the area, the proposal directly abuts the settlement boundary and other residential properties, in reasonably close proximity to Rocklands and Caston and with some employment and a bus service to Attleborough. Along, with the provision of a footway it is considered that the principle of the development is acceptable.

1.10 During the course of the application the number of dwellings proposed and the site area has been reduced. Therefore, there is no requirement for affordable housing or any other section 106 contributions from this application, in accordance with paragraph 63 of the NPPF (2019).

2.0 Impact on character of the area

2.1 The NPPF and the Breckland Core Strategy and Development Control Development Plan Document (2009) require new development to give careful consideration to its impact on the site and surroundings. Core Policy DC2 deals with housing mix and density, whilst Policy DC16 promotes good design and highlights the importance of local character and the important role layout and siting have on the appearance of an area.

2.2 The proposal shows six detached dwellings fronting onto Hargham Road. The pattern of development in the area is of dwellings fronting onto the main road with the dwellings set in large plots. The proposed layout would accommodate large rear gardens which extend south to the same boundary as the rear garden of Faraway but to the rear of the rear garden of the adjacent property of Fourwinds.

2.3 The development would introduce built development to an agricultural field and the comment of an objector that the scheme would affect the rural outlook is noted. There is development to the north and west of the site and there is a dwelling, Red Lodge, which would remain separated by part of the existing field to the east. The applicant proposes to introduce new vegetation to the boundaries of the site to assist with mitigating the impact of the development on the character of the area.

2.4 A bungalow is proposed for plot 1. The remaining plots are to be one and a half storey dwellings. However, many of the plots are considered to be two-storey to the rear. The proposed plots have a fairly modern appearance using a mixture of timber cladding, zinc and bricks. The plots have a mixture of tall

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 270 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 narrow gables, large sloping roofs to the highway (to give the appearance of one and a half storey dwellings) and features such as roof lights, dormers and rear juliet balconies. Whilst the design of some of the properties is contemporary and introduces modern materials, it is considered that they would be set back from the highway, partially screened by the mitigation planting proposed and not significantly out of keeping with the area.

2.5 The proposal is considered to have given due regard to the parameters of policies DC1 and DC16 of the Adopted Core Strategy and Development Control Policies Development Plan Document (2009).

3.0 Impact on amenity

3.1 Policy DC1of the Core Strategy requires that all new developments have regard to amenity considerations and states that development will not be permitted where there are unacceptable impacts on the amenity of neighbouring residents and future occupants.

3.2 There are dwellings to the north of the site and a bungalow to the west, Fourwinds. Red Lodge is separated by part of the existing field to the east. Fourwinds has a garage to their eastern elevation and the proposed garden of plot 1 would extend to the rear of their garden. It is noted that the proposed dwelling on plot 1 would be set back so it projects behind the rear elevation of Fourwinds. However the proposed is single storey with accommodation in the roof. Given this and the separation between it and Fourwinds it is not considered that it will have a significant detrimental impact on the amenity of the occupiers of that property.

3.3 The dwellings are set back on their plots therefore there would be a significant distance between the properties to the north and the proposed dwellings. It is therefore considered that there would not be a detrimental impact on amenity.

3.4 The proposal is considered to have given due regard to policy DC1 of the Adopted Core Strategy and Development Control Policies Development Plan Document (2009).

4.0 Highways Issues

4.1 Policy CP4 of the Core strategy seeks to ensure that all access and safety concerns are resolved in new developments.

4.2 Objections have been submitted regarding the impact of the proposal on highway safety. NCC Highways initially advised that they recommend refusal on the grounds of transport sustainability and lack of pedestrian provision and they advised that Hargham Road is designated a Local Access Route in the County Council's Route Hierarchy which provide access to and from the A11. Any pedestrian movements resulting from this development, in particular from more vulnerable groups such as school children and adults with mobility difficulties, will also increase the propensity for pedestrian/vehicular conflict to the detriment of highway safety.

4.3 The applicant has submitted a revised plan showing a new footpath running to the west to the telephone box and bus stop. NCC Highways have been re-consulted on this amended plan. They have advised that the proposal does link into a short length of existing footway by the bus stop which serves as the school bus pick up point. Given the size of the dwellings proposed they consider that there will be a number of secondary school age children who will use this service and would consequently use the footway. It would also provide the opportunity for the Village Hall to provide a pedestrian access to the facility from Shropham Road should they choose. On that basis it may be difficult to maintain the highway objection to the proposed

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 271 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 development on the grounds of the lack of pedestrian provision.

4.4 It is therefore considered that the proposal would not have a detrimental impact on traffic or pedestrian safety.

5.0 Biodiversity

5.1 The NPPF and Policy CP10 of the adopted Core Strategy requires new development to contribute to and enhance the natural environment. Policy DC12 states that development that would result in the loss or the deterioration in the quality of important natural features such as protected trees and hedgerows will not normally be permitted. Policy CP10 of the Core Strategy which requires the maintenance and positive enhancement of bio-diversity.

5.2 With regards to the housing site itself, the Natural Environment Team (ecology) have advised that the application is supported by a Preliminary Ecological Appraisal letter report and an Ecological Appraisal of the proposed footpath which highlights habitats on site have the potential to support nesting birds, bat, reptiles, badgers, brown hare and hedgehogs. They agree with the mitigation measures proposed in the recommendations section to reduce the likelihood of impacts on these species to acceptable levels and they support the planting of a native species hedgerow along the western boundary of the site. They agree that there are unlikely to be impacts on designated sites. They recommend conditions to address the issues. The Natural Environment Team requested additional information regarding the impact of the amended plan which shows the footpath and whether this footpath would impact on hedgerows.

5.3 The Tree Officer has advised that tree loss is limited to relatively low value specimens and is mitigated by additional planting shown in the landscaping plan.

5.4 It is considered that subject to conditions there would be no significant harm caused to important landscape features and nature conservation interests within and around the site as required by policy DC12 and CP10 of the Core Strategy DPD.

6.0 Other Issues

6.1 Under paragraph 61 of the National Planning Policy Framework (2019) this requires Councils to plan for people wishing to build their own homes. This can be a material planning consideration for this application as self-build has been identified as the method of delivering the site. Whilst an indication of self-build has been given by the applicant it should also be noted that at this stage it cannot be certain that the method of delivering this site will be self-build. The only way to secure this would be via a section 106 agreement, this has not been volunteered by the applicant. In the instance of this application, the other material planning considerations detailed above are of greater significance and only limited weight is given to this part of the proposal due to the absence of a means of securing the site as self-build.

6.2 Policy 16 of the NPPF, DC17 of the Breckland Core Strategy and Sections 16 and 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, seek to protect the special interest and significance of heritage assets/Listed Buildings and their settings. There are listed buildings to the west of the site, namely grade II The Vicarage, grade I listed St Peter's Church and Church Farm is to the south. These are separated from the development site by agricultural land. The nearest is St Peter's Church which is over 130m from the site. The Historic Building Consultant advised that Historic England should be consulted. Historic England have advised that they do not wish to offer comments. It is not considered that given the separation and intervening land that the proposal would not harm the significance or setting of these Listed Buildings and any moderate 'less than substantial harm' would be outweighed by the public benefit of

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 272 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 delivering housing in this location, in accordance with paragraph 196 of the NPPF. The proposal is therefore considered in accordance with Policy 16 of the NPPF, DC17 of the Breckland Core Strategy and Sections 16 and 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

6.3 The Contaminated Land Officer was consulted on the proposal and has advised no objections subject to conditions.

6.4 The applicant advises that surface water will be disposed of to a soakaway. Conditions are recommended to require details of the surface water and foul drainage to be agreed.

6.5 A comment has been received asking for the remaining land (previously within the application site) to be set aside for nature and no further development take place. Any future development would require an application for planning permission, which would be assessed on its own merits, in accordance with adopted planning policies, as required by the NPPF and the Regulations.

7.0 Conclusion

7.1 The application has been assessed in accordance with the presumption in favour of sustainable development. It is considered that the proposal would not result in significant and demonstrable harm in accordance with paragraph 11 of the NPPF.

8.2 It is considered that the design and layout of the dwellings would be considered in keeping with the surrounding area.

8.3 The site is considered to be a sustainable location for development, and it is recommended for approval. On the basis of the above assessment, the proposal has been recommended approval subject to conditions.

RECOMMENDATION The application is recommended for approval subject to conditions listed below.

This is subject to no new material planning considerations being raised during the remainder of the consultation period, which expires on 10/08/2019.

CONDITIONS 2 Full Permission Time Limit (3 years) The development must be begun not later that the expiration of THREE YEARS beginning with the date of this permission. Reason for Condition:- As required by section 91 of the Town and Country Planning Act 1990. 3 In accordance with submitted plans NEW 2017 The development must be carried out in strict accordance with the application form, and approved documents and drawings as set out in the table at the end of this notice. Reason for condition:- To ensure the satisfactory development of the site. 4 External materials and samples to be approved Prior to the commencement of works above slab level for each plot, details and samples of

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all external materials for that plot shall be submitted to and approved in writing by the Local Planning Authority, and this condition shall apply notwithstanding any indication as to these matters which have been given in the current application. Only such agreed materials shall be used in connection with this approval. Reason for condition:- To ensure the satisfactory appearance of the development, in accordance with Policy DC 1 and DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 5 Fencing/walls - details and implementation Prior to the commencement of any works above slab level for each plot, precise details of the boundary treatment for that plot shall be submitted to and approved in writing by the Local Planning Authority. Such scheme as may be agreed shall be completed prior to the occupation of that plot and thereafter retained. Reason for condition:- To safeguard the interests of the amenities of neighbouring occupiers and to ensure the satisfactory appearance of the development, in accordance with Policy DC 1 and DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 6 Surfacing - details and construction Prior to the commencement of any works above slab level for each plot, precise details of the construction, surfacing and drainage of the parking and servicing areas, the means of access to the site and details of all paving to be carried out for that plot shall be submitted to and approved in writing by the Local Planning Authority. Such work shall be completed prior to first occupation of that plot and thereafter retained. Reasons for condition:- (a) In the interests of the orderly development of the site and to ensure the satisfactory development of the site in accordance with Policies 12 of the NPPF and DC16 of the Breckland Core Strategy. (b) To minimise the possibilities of flooding in accordance with Policy 14 of the NPPF. This condition will require to be discharged 7 Contaminated Land - Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with details to be agreed in writing with the Local Planning Authority. Where remediation is necessary, a remediation scheme must be submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report shall be submitted to and approved in writing by the Local Planning Authority. Reason for condition:- To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

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This condition is imposed in accordance with CP9 of the Breckland Adopted Core Strategy. This condition will require to be discharged 8 Landscaping - details and implementation Prior first to occupation of each plot a scheme of landscaping which shall take account of any existing trees or hedges on the site, for that plot shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include the planting of a native species hedgerow along the western site boundary. The approved scheme shall be carried out during the planting season November/March immediately following the the occupation of that plot, or within such longer period as may be agreed in writing with the Local Planning Authority. The details shall take account of the Council's leaflet "Tree pack" (Landscaping advice for applicants). Any trees or plants which within a period of 5 (five) years from the completion of the landscaping scheme die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with others of the same size and species unless the Local Planning Authority gives written consent to any variation. Reason for condition:- To ensure the satisfactory appearance of the development, in accordance with Policy DC 12 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 9 Trees and hedges No trees on any plot shall be lopped, topped, cut down, uprooted, felled, wilfully damaged or destroyed, without the prior written consent of the Local Planning Authority and for a period of five years from the first occupation of the development of the plot hereby approved. Reason for condition:- In the interests of the satisfactory appearance of the development in accordance with Policy DC12 and DC16 of the Breckland Core Strategy. This condition will require to be discharged 10 Non-standard condition No removal, in full or in part, of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be first submitted to and approved by the local planning authority. Reason for condition:- In the interests of safeguarding of protection species in accordance with Policy CP10 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 11 Non-standard condition Prior to the commencement of the construction of any of the plots hereby approved, a biodiversity enhancement plan shall be submitted and approved in writing by the local planning authority, detailing the enhancement measures for biodiversity on site. The biodiversity enhancement plan should include numbers and locations of bird boxes, bat boxes, habitat enhancements. The measures shall be carried out strictly in accordance of the approved scheme prior to the occupation of any dwellings or in accordance with a timescale to be first submitted to and approved in writing by the Local Planning Authority.

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Reason for condition:- Details are required prior to commencement in the interests of safeguarding of protection species in accordance with Policy CP 10 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 12 Non-standard condition The development shall be undertaken in accordance with the mitigation measures outlined in the Preliminary Ecological Appraisal letter report (Torc Ecology; October 2017) and the Preliminary Ecological Appraisal of proposed footpath letter report (Torc Ecology; January 2019) including a sensitive lighting scheme. The details shall be implemented prior to occupation of any of the plots hereby approved, unless otherwise first agreed in writing by the Local Planning Authority. Reason for condition:- In the interests of safeguarding of protection species in accordance with Policy CP 10 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 13 Non-standard condition Prior to occupation, details of any lighting for that plot shall be submitted to, and approved in writing by the local planning authority. The scheme shall be designed to reduce impacts on commuting/ foraging bats. Only such lighting hereby approved shall be erected. Reason for condition:- In the interests of safeguarding of protection species in accordance with Policy CP 10 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 14 Construction Method Statement Prior to commencement of each plot, including any works of demolition, a Construction Method Statement for each plot shall be submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i. the parking of vehicles of site operatives and visitors ii. loading and unloading of plant and materials iii. storage of plant and materials used in constructing the development iv. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate v. wheel washing facilities vi. measures to control the emission of dust and dirt during construction vii. detailed proposals for the removal of asbestos from existing buildings to be demolished viii. a scheme for recycling/disposing of waste resulting from demolition and construction works Reason for condition:- The details are required prior to the commencement of the development in the interests of the amenity of the area and to ensure a safe development from the outset of the development in accordance with DC1 of the Breckland Core Strategy. This condition will require to be discharged 15 Hours of operation during construction No demolition, site clearance or construction shall be carried out, no machinery operated nor deliveries taken at or waste despatched from the site on any plot, outside the hours of 07:30

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- 18:00 Monday to Friday, 08:00 - 13:00 Saturday nor at any time on Sundays, Bank Holidays or Public Holidays. Reason for condition:- In the interests of the amenities of the locality in accordance with policy DC1 of the Adopted Core Strategy and Development Control Policies Development Control Document 2009. 16 Precise details of surface water disposal Prior to the commencement of any works above the laying of foundations precise details of the means of surface water disposal for each plot shall be submitted to and approved in writing by the Local Planning Authority. Only such agreed system or works shall be used in connection with this approval. Reason for condition:- The details are required to be submitted prior to the commencement of development to minimise the possibilities of flooding from the outset of the development. This condition is imposed in accordance with Policies DC 1 and DC 13 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009 This condition will require to be discharged 17 Non-standard condition Prior to the first occupation of each plot, the vehicular access for that plot shall be constructed in accordance with a detailed scheme to be first submitted to and approved in writing by the Local Planning Authority in accordance with the highways specification TRAD 1 and thereafter retained at the position shown on the approved plan. Arrangements shall be made for surface water drainage to be intercepted and disposed of for that plot separately so that it does not discharge from or onto the highway. Reason for condition:- To ensure construction of a satisfactory access and to avoid carriage of extraneous material or surface water from or onto the highway in the interests of highway safety. 18 Non-standard condition Notwithstanding the provision of the Town and Country Planning (General Permitted Development) Order (2015), (or any Order revoking, amending or re-enacting that Order) no gates/bollard/chain/other means of obstruction shall be erected across the approved access for any plot, unless details have first been submitted to and approved in writing by the Local Planning Authority. Reason for condition:- In the interests of highway safety. 19 Non-standard condition Prior to first occupation of each plot visibility splays measuring 2.4.metres x 59 metres shall be provided to each side of the accesses where they meet the highway. The splays shall thereafter be maintained at all times free from any obstruction exceeding 0.6 metres above the level of the adjacent highway carriageway. Reason for condition:- In the interests of highway safety in accordance with the principles of the NPPF. 20 Non-standard condition Prior to the first occupation of each plot the proposed access parking and turning areas shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and retained thereafter made available for that specific use. Reason for condition:-

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To ensure the permanent availability of the parking/manoeuvring areas, in the interests of satisfactory development and highway safety. 21 Non-standard condition Notwithstanding the details indicated on the submitted drawings no works above slab level shall commence on any plot, unless otherwise first agreed in writing, until detailed drawings for the off-site highway improvement works as indicated on Drawing No.1485-A-PL08 has/have been submitted to and approved in writing by the Local Planning Authority. Prior to the first occupation of any of the plots hereby approved, the permitted off-site highway improvement works shall be completed and thereafter maintained. Reason for condition:- To ensure that the highway improvement works are designed to an appropriate standard in the interest of highway safety and to protect the environment of the local highway corridor.

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ITEM: RECOMMENDATION: APPROVAL REF NO: 3PL/2019/0099/VAR CASE OFFICER Fiona Hunter

LOCATION: SNETTERTON APPNTYPE: Variation of Cond's Snetterton Park POLICY: Out Settlemnt Bndry Heath Road Snetterton ALLOCATION: N CONS AREA: N

APPLICANT: EG Group LB GRADE: N C/o Agent AGENT: PWA Planning TPO: N 2 Lockside Office Park Lockside Road PROPOSAL: Variation of condition 2 on pp 3PL/2018/0279/F - (petrol filling station, drive through coffee shop & restaurant) -

REASON FOR COMMITTEE CONSIDERATION The application is a variation to a major as defined by the Council's scheme of delegation.

KEY ISSUES Whether the variations are acceptable and any material changes in circumstances.

DESCRIPTION OF DEVELOPMENT Variation of condition 2 on planning permision 3PL/2018/0279/F for "proposed construction of a petrol filling station, one drive through coffee shop and one drive through hot food restaurant, together with access, parking, landscaping and other various infrastructure works."

The variation seeks to amend the approved plans for the drive through restaurant including floor plans and elevations and also affects the site plan around the unit. 3 standard car parking spaces are sought to be removed, and two standard car parking spaces replaced with electric charging spaces.

SITE AND LOCATION The application site comprises an irregular shaped site extending to approximately 1 ha located immediately to the south of the A11 dual carriageway and to the north of the Snetterton race circuit. The site borders Heath Road to the northeast and southeast. The wider Snetterton employment area surrounds the site to the north and south. The site currently comprises an open area of rough grassland and cleared un-grassed land.

The construction works are currently being undertaken on site.

EIA REQUIRED

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No

RELEVANT SITE HISTORY

3DC/2018/0203/DOC Discharge of Conditions 6,8,13,16,19,20 on 3PL/2018/0279/F 3DC/2018/0221/DOC DOC - COMPLETE 18-12-18 Discharge of Conditions No 7,9,10,12,on 3PL/2018/0279/F 3DC/2019/0033/DOC DOC - COMPLETE 05-03-19 Discharge of Conditions 11, on 3PL/2018/0279/F 3PL/2007/1820/O Permission 02-11-10 Demol of extng bldgs, erection of 4 B1 Units, car parking, laying out of access & servicing roads, landscape etc 3PL/2017/0055/F Permission 23-06-17 Erect petrol filling station & amenity building, with access, parking, landscaping & other various infrastructure works 3PL/2018/0279/F Permission 19-09-18 Proposed construction of a petrol filling station, one drive through coffee shop and one drive through hot food restaurant, together with access, parking, landscaping and other various infrastructure works. 3PL/2018/1234/A Permission 28-01-19 Installation of 1 x 12m multi branded totem sign internally illuminated d/sided & 1 x 8m Esso Mid Totem sign internally illuminated Esso & Multi Branded Double sided signage Digital LED Fuel Price Signage

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

DC.06 General Employment Areas DC.16 Design DC.19 Parking Provision NPPF National Planning Policy Framework NPPG National Planning Practice Guidance

OBLIGATIONS/CIL Not Applicable

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CONSULTATIONS

AIR QUALITY OFFICER No objection. NORFOLK COUNTY COUNCIL HIGHWAYS No objection subject to conditions. FLOOD & WATER MANAGEMENT TEAM No comment. TREE AND COUNTRYSIDE CONSULTANT No comment. ENVIRONMENT AGENCY No comment. HIGHWAYS ENGLAND No objection. HEALTH & SAFETY EXECUTIVE Do not advise against increase in floor area. ENVIRONMENTAL HEALTH OFFICERS No objection.

NATIONAL GRID No Comments Received ANGLIAN WATER SERVICE No Comments Received ECONOMIC DEVELOPMENT No Comments Received ENVIRONMENTAL PLANNING No Comments Received ECONOMIC DEVELOPMENT No Comments Received CRIME REDUCTION & ARCHITECTURAL LIAISON No Comments Received OFFICER CHIEF FIRE OFFICER No Comments Received SHROPHAM P C No Comments Received NATIONAL GRID No Comments Received

REPRESENTATIONS A site notice was erected on 19/02/2019. No local representation were received.

ASSESSMENT NOTES 1.0 Whether the changes are acceptable

1.1 Application reference 3PL/2018/0279/F was approved on 19th September 2018. Since this time there

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 281 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 has been no relevant change to the adopted development plan or national planning guidance.

1.2 The restaurant is proposed from a 5.2m high single storey building to a 7.1m two storey building, plus 1.6m set back covering the roof equipment. The building will appear larger and less elegant, however, overall the design approach is still considered acceptable and would meet the end users requirements. The site is adjacent to the A11, however, the restaurant is set back within the site which will considerable reduce it's visual impact and prominence from this important road.

1.3 The variation would result in a increase of floor space from 230sqm to 607sqm, a considerable increase. However, it would be a more efficient use of the land and there are no planning obligations we need to re- calculate due to this increase.

1.4 The application also seeks to amend the layout with the restaurant drive through road now providing a connection southwards past the coffee shop. The changes would create more direct vehicle routes through the site for the drive through restaurant customers and enables the provision of an external eating space with tables. Other changes include the creation and demarcation of pedestrian routes through the restaurant car park. The re-configuration has resulted in the increase of 1 car parking spaces which is considered beneficial as the more car parking spaces there are (within reason), the less pedestrian conflict there will be. Two standard spaces are proposed to be changed to electric charging spaces. Overall, the revised site layout is considered an improvement, which will reduce car emissions, improve pedestrian safety and facilitate the smoother running of the entire site.

1.5 Highways have not objected to the application following the re-introduction of staff car parking.

1.6 HSE have advised they do not advise against the variations. National Grid/ Cadent Gas have been consulted and have not responded, the consultation period expired on 1st March 2019 and they have been emailed to esquire if they will be responding.

2.0 Re-Application of Planning Conditions

2.1 The applicant has submitted a number of discharge of condition applications with some conditions having been approved and the conditions for this variation application being updated to reflect these in accordance with best practice.

2.2 The applicant has submitted revised details to reflect the layout change for drainage. The EA has been consulted on the submitted drainage proposals and their response is awaited. If they do no object, then we recommend that a compliance only drainage condition is applied to the decision notice. If they do object, then a further condition application would be necessary.

2.3 Details have been submitted for Full Planning Permission condition 8, fuel storage tanks, and the EA have advised the details are acceptable. We therefore recommend this condition is updated to reflect the submitted details under 3DC/2018/0203/DOC.

2.4 Details have been submitted under application 3DC/2018/0203/DOC for Full Planning Permission condition 20, wheel cleaning facilities, and NCC Highways have agreed the latest details. Whilst the application has not yet been determined, it is recommended the condition is changed to compliance only with the approved Highways scheme as works are already taking place on site and therefore, this would make the wheel washing scheme come into immediate effect.

2.5 NCC Highways have agreed that the Traffic Regulation Order condition (number 19) can be amended to

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 282 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 a prior to occupation requirement so that the developer is not in breach as soon as the decision is issued which may be considered unreasonable and fail the NPPF conditions tests.

3.0 Conclusion/ Planning Balance

3.1 The changes are considered acceptable and therefore approval is recommended subject to conditions.

RECOMMENDATION Approval subject to conditions.

CONDITIONS 1 Time Limit This permission seeks a material amendment to planning permission 3PL/2018/0279/F. The development must commence in accordance with the time scale set out in the original permission.

Reason for condition:- To comply with section 92 of the Town & Country Planning Act 1999 (as amended). 2 In accordance with submitted plans NEW 2017 The development must be carried out in strict accordance with the application form, and approved documents and drawings as set out in the table at the end of this notice.

Reason for condition:- To ensure the satisfactory development of the site. 3 Non-standard condition Notwithstanding development permitted within Class A of Schedule 2 Part 3 of the Town and Country Planning (General Permitted Development) Order (England) 2015 or any subsequent re-enactments and amendments of, the drive through restaurant and drive through coffee shop hereby permitted shall only be used for a purpose or purposes falling within use class A3 and A5 of the Town and Country Planning (Use Classes) Order 1987 (as amended), unless planning permission has otherwise been granted by the Local Planning Authority.

Reason for condition:- In the interests of highway safety, the provision of sufficient vehicle parking, and to prevent the use of the buildings for main town centre uses in the interest of the vitality and viability of Attleborough town centre. 4 External materials as approved The development hereby permitted shall be constructed using the materials specified on the planning application form and approved drawings unless otherwise agreed in writing with the Local Planning Authority.

Reason for condition:- To enable the Local Planning Authority to ensure the satisfactory appearance of the development, as required by policies DC 1 & DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009.

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5 Implementation of submitted/approved landscaping scheme All hard and soft landscaping works shall be carried out in accordance with the approved details and thereafter retained. The works shall be carried out either within the first planting season November/March following the commencement of work on site, or prior to the occupation of any part of the development, whichever is the sooner, or otherwise in accordance with a planting programme agreed in writing with the Local Planning Authority prior to the commencement of development. If within a period of FIVE YEARS from the date of planting, any tree or plant, or any tree or plant planted in replacement for it, is removed, uprooted or is destroyed or dies, or becomes in the opinion of the local planning authority, seriously damaged or defective another tree or plant of the same species and size as that originally planted shall be planted at the same place.

Reason for condition:- In the interests of the satisfactory appearance of the development in accordance policy DC12 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 6 Fire Hydrants Within 6 months from the date of this decision notice a scheme shall be submitted to the Local Planning Authority for the provision of fire hydrants (served by mains water supply) serving the development. The development shall not be brought into use until the hydrant(s) have been provided in accordance with the scheme as approved to the satisfaction of the Local Planning Authority in consultation with the Norfolk Fire Service.

Reason for condition:- To ensure that adequate water infrastructure is provided on site for the local fire service to tackle any property fire in the development or beyond. This condition will require to be discharged 7 Full details of external lighting External lighting shall be installed on site prior to first occupation in accordance with the details approved by permission reference 3DC/2018/0221/DOC.

Details of any other external lighting for the site shall first be submitted to and be approved in writing by the Local Planning Authority. Only lighting so agreed shall be installed on the site. Such lighting shall be kept to a minimum for the purposes of security and site safety, and shall prevent upward and outward light radiation.

Reason for condition:- In the interests of amenity and the character and appearance of the surrounding area. This condition will require to be discharged 8 Details of storage tanks The underground fuel storage tanks to be provided on site shall be in complete accordance with the details shown on drawing number 31 - Below Ground Fuel Tanks Encased in Pea Shingle dated 29.06.2018 and drawing number 32 - Full Services dated 12.09.2018 and provided in full prior to first occupation of the petrol pumps. The fuel storage tanks will thereafter be retained in perpetuity unless otherwise first agreed in writing with the Local

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Planning Authority.

Reason for condition:- To ensure that the interests of public safety have been fully considered and to protect and prevent the pollution of controlled waters from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF), paragraphs 109, 120, 121 and Environment Agency Groundwater Protection: Principles and Practice (GP3). 9 Foul water scheme Foul water disposal shall be installed on site prior to first occupation in accordance with the scheme approved by permission reference 3DC/2018/0221/DOC. The development shall not be brought into use until the scheme has been completed in full accordance with the approved details.

Reason for condition:- In order to protect and prevent the pollution of controlled waters from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF), paragraphs 109, 120, 121 and Environment Agency Groundwater Protection: Principles and Practice (GP3). 10 Surface water scheme Surface water disposal shall be installed on site prior to first occupation in accordance with drawing 72001 Rev P06 - Proposed Drainage General Arrangement. The development shall not be brought into use until the scheme has been completed in full accordance with the approved details.

Reason for condition:- To ensure that there would be no increased risk of flooding elsewhere and to protect and prevent the pollution of controlled waters from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF), paragraphs 109, 120, 121 and Environment Agency Groundwater Protection: Principles and Practice (GP3).

OR - Subject to EA Response

Within 2 months from the date of this decision notice, a scheme for surface water disposal shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details for the on going management and maintenance of the surface water drainage system. Infiltration systems shall only be used where it can be demonstrated that they will not pose a risk to groundwater quality. The development shall thereafter be carried out in accordance with the approval details and not be brought into use until the approved scheme has been completed.

Reason for condition:- The details are required prior to the commencement of development in order to ensure that there would be no increased risk of flooding elsewhere and to protect and prevent the pollution of controlled waters from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF), paragraphs 109, 120, 121 and Environment Agency Groundwater Protection: Principles and Practice (GP3).

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11 Ventilation and extraction details No extractor or ventilation system or any associated flues, ducts or vents shall be installed at the site, unless a scheme for noise and odour control has first been submitted to and approved in writing by the Local Planning Authority, otherwise than those approved by permission reference DC/2019/0033/DOC. The system shall be installed and thereafter maintained in full accordance with the approved details to the satisfaction of the Local Planning Authority.

Reason for condition:- In the interest of the amenities of nearby residents in accordance with policy DC1 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 12 Non-standard condition The waste management system shall be installed and made available on site prior to first occupation in accordance with the scheme approved by permission reference 3DC/2018/0221/DOC.

Reason for condition:- In the interest of the character and appearance of the surrounding area and amenities of nearby residents in accordance with policy DC1 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 13 Piling Piling or any other foundation designs and investigation of boreholes using penetrative methods shall not be undertaken on site other than in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. Permission for such methods will only be granted within those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall thereafter be carried out in accordance with the approved details.

Reason for condition: - The details are required prior to any piling or boreholes in order to protect and prevent the pollution of controlled waters from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (NPPF), paragraphs 109, 120, 121 and Environment Agency Groundwater Protection: Principles and Practice (GP3). 14 Site Investigation/ remediation The development including construction works will take place in full accordance with the Phase I/II Environmental Assessment dated October 2017.

Reason for condition:- This condition is imposed in accordance with CP 9 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009 and Planning Policy Statement No 23. This condition will require to be discharged 15 Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in

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accordance with details to be agreed in writing with the Local Planning Authority. Where remediation is necessary, a remediation scheme must be submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report shall be submitted to and approved in writing by the Local Planning Authority.

Reason for condition:- To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. This condition is imposed in accordance with CP 9 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009 and Planning Policy Statement No 23. 16 Access, parking arrangement as approved Prior to the commencement of the use hereby permitted the vehicular access shall be upgraded and widened in accordance with the Norfolk County Council industrial access construction specification. Arrangement shall be made for surface water drainage to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway.

Reason:- In the interest of highway safety and traffic movement. 17 Scheme of highway improvement works Prior to commencement of the use hereby permitted any access barrier, or other means of obstruction shall be hung to open inwards, set back, and thereafter retained a minimum distance of 10 metres from the near channel edge of the adjacent carriageway. Any fences adjacent to the access shall be splayed at an angle of 45 degrees from each of the (outside) gateposts to the front boundary of the site.

Reason:- To enable vehicles to safely draw off the highway before the barrier is opened. 18 Highway condition Prior to the first occupation of the development hereby permitted the proposed on-site car and cycle parking / servicing / loading, unloading / turning / waiting areas shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and retained thereafter available for that specific use. Unless otherwise agreed in writing with the Local Planning Authority the staff parking spaces shall be retained for that specific use only.

Reason:- To ensure the permanent availability of the parking / manoeuvring area, in the interests of highway safety. 19 Non-standard condition No occupation of the hereby approved development will take place whatsoever until the Traffic Regulation Order for waiting restrictions has been promoted by the Highway Authority.

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Reason:- In the interests of highway safety. 20 Wheel washing facilities- temporary for construction vehicle The wheel washing proposals for the development will take place in full accordance with the approved Construction Management Plan dated 07/12/2018 for the duration of the construction works.

Reason:- To prevent extraneous material being deposited on the highway. This condition will require to be discharged 23 Note non standard re: Asbestos Based on information provided with this application it has become apparent that asbestos containing material may be present within the site. The removal of asbestos materials must be carried out in accordance with appropriate guidance and legislation including compliance with waste management requirements. Accordingly any works should be managed to avoid damage to any asbestos containing material such as to prevent the release or spreading of asbestos within the site or on to any neighbouring land.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 288 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 Agenda Item 10u

ITEM: RECOMMENDATION: APPROVAL REF NO: 3PL/2017/0860/F CASE OFFICER Fiona Hunter

LOCATION: SWAFFHAM APPNTYPE: Full Rlmh Development POLICY: In Settlemnt Bndry Turbine Way, Swaffham ALLOCATION: N CONS AREA: N

APPLICANT: RLMH Ltd LB GRADE: N C/O Medusa Design AGENT: Medusa Design TPO: N Unit 4 Stour Valley Business Centre PROPOSAL: Resubmission of Proposal for a Proposed New Office Building previously approved under 3PL/2016/1060/F , including details to address previously attached Condition No.s 4, 5, 6, 7, 9 & 10

REASON FOR COMMITTEE CONSIDERATION The application is a a major as defined by the Council's scheme of delegation.

KEY ISSUES - Principle of Development - Contamination - Fire Hydrant Provision - Surface Water - Foul drainage - Landscaping - Storage and collection of waste and recyclable materials

DESCRIPTION OF DEVELOPMENT Retrospective planning permission is sought for the erection of an office building on an industrial-type estate on Turbine Way in Swaffham. If planning permission is granted, this will regularise the current situation, making the built development lawful.

The proposed building measures 30m (length) x 12.3m (width) by 9.4m (height), 6.3m to the lowest eaves point, and provides 696sqm of internal floorspace for B1(a) Office use. Twenty full time and 5 part-time jobs have been created.

The proposal forms two office units across two floors. The site would be accessed through the existing site at the front.

The applicant seeks to agree details in relation contamination, fire hydrants, surface water drainage,

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SITE AND LOCATION The application site is located within the Swaffham Settlement Boundary and on land designed as a General Employment Area, as defined on the Proposals Map. The site is 3,030sqm (0.303hectares/0.75acres). The site is surrounded by other business units and agricultural land.

EIA REQUIRED Not required.

RELEVANT SITE HISTORY

3PL/2007/0298/F Permission 23-05-07 Terrace of six two storey business units, new access, & 2 no. two storey blocks of 3 units to rear of site 3PL/2016/1060/F Permission 01-11-16 New Office Building to form two units (Use Class B1(a)) (Part Retrospective)

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

DC.01 Protection of Amenity DC.06 General Employment Areas DC.16 Design DC.19 Parking Provision NPPF National Planning Policy Framework NPPG National Planning Practice Guidance

OBLIGATIONS/CIL Not applicable.

CONSULTATIONS

SWAFFHAM TOWN COUNCIL No objection

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NORFOLK COUNTY COUNCIL HIGHWAYS No objection subject to conditions. CONTAMINATED LAND OFFICER Based on the professional judgement and information provided by Mr Simon Pike of agb Environmental Ltd in his email of the 17 May 2018, it would appear that an adequate scheme to consider land contamination on the above site has been achieved. However, it should be noted that the Council cannot guarantee that the site does not, nor will not in the future, pose a risk with respect to contamination. TREE AND COUNTRYSIDE CONSULTANT No comment. FLOOD & WATER MANAGEMENT TEAM Falls below threshold for specific comment. ENVIRONMENTAL HEALTH OFFICERS No objection. FACILITIES MANAGEMENT I confirm that I have no objection to the revised drainage layout. For information, the applicant has been required to enter into a Deed of Easement for the use of the Councilâ¿¿s land in connection with the development and the applicant is to ensure that the access road and drainage is provided to an adoptable standard (please see attached Deed of Easement, page 11). Consequently any problems that there might be with future adoption of the road and drainage will have to be resolved by the applicant, and not the Council.

The revised proposals show the addition of a bin store and path, situated beyond the new access road. This feature was not included on the original application plans and is not included in the Deed of Easement referred to above. A site inspection today confirmed that part of the bin store and all of the concrete slab path to it is situated on BDC land without permission from the landowner - please see attached photos. The site boundary is along the concrete edge at the back of the footway. Obviously the bin store and path would prevent any future extension of the road, so is not acceptable to Facilities Management.

ANGLIAN WATER SERVICE No Comments Received PRINCIPAL PLANNER MINERAL & WASTE POLICY No Comments Received ENVIRONMENTAL SERVICES OFFICER No Comments Received NORFOLK FIRE & RESCUE SERVICE No Comments Received

REPRESENTATIONS No representations were received.

ASSESSMENT NOTES The National Planning Policy Framework 2019 (at paragraphs 8) sets out that the planning system as three over arching objections, one of which is to build a strong responsive and competitive economy, supporting growth.

The key issues of consideration are the principle of development, design, impact on amenity and surrounding

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 291 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 area, and Highways impact having regard to Policies DC1, DC7, DC16 and DC19.

1.0 Principle of Development

The site is within the Swaffham Settlement Boundary and allocated as a General Employment Area, as defined on the Proposals Map.

Policy DC6 (General Employments Areas) supports development that is defined as Use Class B1, B2 and B8 of the Town and Country Planning (Use Classes) Order 1987 (as amended), providing that it: a) is not a town centre use, unless the location is sequentially preferable and need has been demonstrated; and b) it will not undermine the function of the wider employment area.

Due to the size, it is unlikely to be accommodated within the town centre and given the character and type of use proposed, and adjacent uses, the proposals would not undermine the function of the wider employment area.

Furthermore, the principle of office development has already been accepted through the granting of planning permission (reference 3PL/2007/0298/F) for office use and development on the land. The proposal is for a single building comprising two units over two floors whereas the previous permission was for two buildings each of three units and the amount of office floor space proposed in this application is no greater than that granted under the previous planning permission. Therefore, the proposal for an office building with associated car parking is considered acceptable in principle and complies with Policy DC6.

2.0 Design

Policy DC16 seeks to ensure the highest standards of design are achieved in all new development.

The proposed office building is to be constructed of the following materials:

- Walls: Grey Euroclad Metal Cladding and Antique Handmade Bricks - Doors: Grey aluminium - Windows: Grey Aluminium - Roof: Grey Ward IP1000 plasticol coated steel composite sheeting - Vehicle Access: tarmac

The design is in keeping with the surrounding units and thus considered to be in accordance with Policy DC16.

3.0 Impact on Amenity

Policy DC1 seeks to protect the impact on the surrounding amenity.

The location, design and proximity to surrounding buildings is considered acceptable and would not create a detrimental impact to neighbouring units and surrounding areas. The proposal is considered to comply with Policy DC1.

4.0 Highway Impact

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Policy DC19 sets out the requirements for car parking. The requirement for this type of development is one space for every 30sqm gross floor area. This would equate to 24 spaces. Thirty three spaces are proposed to be created for this development. This is above the Policy maximum, however, paragraph 106 of the NPPF sets out maximum parking standards should only be set on specific circumstances, and no evidence of these special circumstances are set out by Policy DC19 or its supportive text.

Whilst a separate access for the proposal would have been more appropriate, the Highway Authority has raised no objection to the application proposal (as edged red on the proposed plan) and is satisfied with the access, subject to a condition regarding the proposed access, parking and turning areas to be undertaken prior to the first occupation of the building. This will need to be amended to reflect the the building operational.

5.0 Other Issues

Policy CP9 seeks to ensure that development minimises any unavoidable polluting effects and the development's design should actively seek to minimise or mitigate against all forms of pollution.

The Contaminated Land Officer has considered the supporting information provided by Mr Simon Pike of agb Environmental Ltd. They have advised that it would appear that an adequate scheme to consider land contamination on the above site has been achieved. However, it should be noted that the Council cannot guarantee that the site does not, nor will not in the future, pose a risk with respect to contamination. On this basis, they have advised that condition 4 of 3PL/2016/1060/F can be discharged.

Facilities Management have not objected to the proposed drainage, however, remind the applicant that this should be designed and built to adoptable standards as per their Deed Easement. In respect of the bin store proposals, these encroach on to the Council land which may be needed by the Council in the future. To this end, it is advised that the bin store is conditioned and details to be submitted within 6 months of the issuing of the planning and implemented within 12 months.

Norfolk Fire And Rescue require that a fire hydrant is installed to be capable of delivering a minimum of 20 litres of water per second and that this should be undertaken prior to the commencement of development. Given that the development has commenced without the benefit of planning permission, such a condition cannot be met. As a result, a condition requiring the details to be submitted within three months of the date of the permission is recommended.

6.0 Conclusion

Based upon the above, it is recommended that conditional approval be granted.

RECOMMENDATION Approval subject to conditions.

CONDITIONS 1 In accordance with submitted The development must be carried out in strict accordance with the application form, and approved documents and drawings and document as set out below:

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Drawing Number 1516/16/100 Rev A, entitled Proposed Site Plan, dated August 2018 Drawing Number 1516/16/50, entitled Proposed Floor Plans & Elevations, dated Aug 2016 Refuse collection information set out in email correspondence dated 14th December 2018

Reason for condition:- To ensure the satisfactory development of the site. 2 B1a Use Only The premises shall be used solely for purposes within Class B1a of the Town & Country Planning (Use Classes) Order 2005 (as amended) and shall not be used for any other purpose without the prior consent in writing, of the Local Planning Authority.

Reason for condition:- In order that the Local Planning Authority may retain control over any future use of the site, in the interest of the vitality and viability of the Town Center of Swaffham. 3 External materials as approved The development hereby permitted shall be constructed using the materials specified on the planning application form and / or submitted drawings. Reason for condition:- To enable the Local Planning Authority to ensure the satisfactory appearance of the development, as required by policies DC 1 & DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 4 Fire Hydrant Within three months of the date of this permission, a scheme shall be submitted to and approved in writing by the Local Planning Authority for the provision of a fire hydrant on the application site that is capable of delivering a minimum of 20L of water per second in a location agreed with the Council in consultation with Norfolk Fire and Rescue Service. The approved scheme shall be implemented in full within eight months of the date of this permission. Reason for condition:- To ensure adequate water infrastructure provision is made on site for the local fire service to tackle any property fire. 5 Provision of parking and servicing - when shown on plan Prior to the first occupation of the development hereby permitted, the proposed access / on- site parking shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and retained thereafter available for that specific use. Reason for condition:- To ensure the permanent availability of the parking / manoeuvring area, in the interests of highway safety. 6 Refuse Stores Within six months of the date of this permission, a scheme shall be submitted to and approved in writing by the Local Planning Authority for the provision of refuse store/s. The approved scheme shall be provided within 12 months from the date of the approval and thereafter retained in perpetuity.

Reason for condition:-

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To ensure the satisfactory development of the site and arrangements for the storage and management of waste and refuse. 7 Contaminated Land - Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with details to be agreed in writing with the Local Planning Authority. Where remediation is necessary, a remediation scheme must be submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report shall be submitted to and approved in writing by the Local Planning Authority. Reason for condition:- To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. This condition is imposed in accordance with CP9 of the Breckland Adopted Core Strategy.

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ITEM: RECOMMENDATION: APPROVAL REF NO: 3PL/2017/1087/F CASE OFFICER Carl Griffiths

LOCATION: WATTON APPNTYPE: Full Rear of 121A POLICY: In Settlemnt Bndry Brandon Road, Watton ALLOCATION: N CONS AREA: N

APPLICANT: Barconn Homes Ltd LB GRADE: N C/O Agents AGENT: David Futter Associates Ltd TPO: N Arkitech House 35 Whiffler Road Norwich PROPOSAL: Erection of 9 dwellings and ancillary works

REASON FOR COMMITTEE CONSIDERATION The application was called in for committee consideration by Councillor Gilbert

KEY ISSUES Principle of sustainable development Character and appearance Amenity Trees and landscape Ecology Highways Impacts Other Matters Conclusions

DESCRIPTION OF DEVELOPMENT The applicant seeks full planning permission for the erection of 9 two-storey dwellings with a total floor space of 999 sqm, comprising of 3 terraced properties and 6 semi-detached properties. The terraced properties would be 2 bed dwellings and the semi-detached properties would be 3 bed dwellings. The dwellings would be accessed off Stokes Avenue.

The proposed site layout shows the housing facing onto an internal access road to the west and northern parts of the site with an area of public open space and a swale to the east of the access. The proposed site layout also shows a proposed path to the existing public right of way to the west of the site and the upgrading of the existing footpath to Brandon Road.

Materials chosen for the dwellings include red facing brickwork, Crest Wold pantiles and white uPVC barge boards and windows.

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SITE AND LOCATION The site is a rectangular piece of land and extends to 0.49 hectares, located within the defined settlement boundary for Watton. The site sits to the south of Brandon Road to the west of Stokes Avenue.

The surrounding area is residential and commercial, inclusive of Cranswick Country Foods Norfolk to the west and rural open fields to the south and south east. Watton has been defined within the Adopted Local Plan (2009) as a market town which provides a good range of services for day to day needs.

EIA REQUIRED No

RELEVANT SITE HISTORY

3PL/2015/0769/O Permission 22-01-16 Erection of 9 dwellings (outline) 3PL/2015/0769/O - Erection of 9 dwellings (outline) - permitted 22.01.16

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.01 Housing CP.04 Infrastructure CP.11 Protection and Enhancement of the Landscape CP.13 Accessibility DC.01 Protection of Amenity DC.02 Principles of New Housing DC.12 Trees and Landscape DC.16 Design NPPF National Planning Policy Framework NPPG National Planning Practice Guidance SS1 Spatial Strategy

OBLIGATIONS/CIL Not applicable

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CONSULTATIONS

WATTON TOWN COUNCIL Watton Town Council objects and would endorse the report compiled by Watton Neighbourhood Plan Drainage Group: The application has been going on for 17 months because of the difficulty in finding a drainage strategy that would satisfy the County Council's Flood Risk Officer. The original drainage strategy was to discharge into the ditches on site. Applicants have now had an investigation of the culvert on site and two in the Bridleway and found that there is a surface water sewer that runs all the way to Cranswick to the Watton Brook. This is new information and it is blocked with debris in places as well as not in good repair. New elements include the use of swales by converting one of the ditches to this form to hold water and hold it back while allowing sediment to fall to the bottom. It is not clear whether the water from the swales goes into the attenuation tank which will discharge into a new section of surface water sewer in the Bridleway paid for by the applicants. I don't know if the County Council are responsible for the ditches along the bridleway but we can make the point that clearing these and getting the water into the surface water sewer could help mitigate the risk of flooding. Another source of flooding is the ditch that runs along the Stokes Avenue development and the properties in that street that were flooded and some in Brandon Road refer to the water coming from there. NORFOLK COUNTY COUNCIL HIGHWAYS The revised layout amends the design of the dwellings, albeit the proposed private access road remains principally along the same alignment. In contrast to earlier revisions drawing 6660-P02-RevJ now includes a pedestrian link to the adjacent public right of way, Watton RB2. To enable all users to pass on this path it should be 2m in width. Furthermore, the section of Watton RB2 that links the site to Brandon Road should be upgraded in accordance with details to be agreed with Norfolk County Council's Public Rights of Way Team. Should your Authority support the application we would recommend drawing 6660-P02 be amended to widen the footway that links to Watton RB2 to 2m. Subject to a revised plan being received we would recommend the following condition and informative be appended to the consent notice in addition to those recommended in our response of 10 April 2018: FLOOD & WATER MANAGEMENT TEAM Objection. TREE AND COUNTRYSIDE CONSULTANT Initial comments:No objection subject to a Tree Protection Plan. Comments on amended pans: There do not appear to be any significant changes to the layout which would materially alter the arboricultural implications. The inclusion of a footpath within the site may require specialist construction as it appears to be positioned within the Root Protection Area of retained trees. An addendum to the submitted TS and AIA addressing and additional implications, and for clarity a tree protection plan should be included. HOUSING ENABLING OFFICER I can confirm that the site area and number of dwellings proposed trigger the thresholds of the Council's affordable housing policy as per DC4 of the Council's Adopted Core Strategy and Development Control Policies Development Plan Document. At present a 40% provision is required on sites capable of accommodating 5 or more dwellings and/or 0.17ha. This is then further split into 65% being made available for rent and 35% for shared ownership, shared equity or any other intermediate product that meets the intermediate definition within NPPF, meets an identified need in the District and is agreed by the Council. However, NPPF states that affordable housing should only be sought on developments of 10 or

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 298 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 more dwellings or 0.5ha. In this instance 4 units would be required, 3 for rent and 1 for intermediate housing. ECOLOGICAL AND BIODIVERSITY CONSULTANT Comments on amended site layout: The PEA report (Eco-Check Consultancy; 2017) needs updating to take into account the revised proposals. Previous comments: No objection subject to conditions. ENVIRONMENTAL HEALTH OFFICERS Based on the fact that the information provided to me at this time relates to surface water drainage and flooding; there are no further comments on the grounds of Environmental Protection. CONTAMINATED LAND OFFICER No objections. ANGLIAN WATER SERVICE Comments on original plans: The foul drainage from this development is in the catchment of Watton Water Recycling Centre. Anglian Water are obligated to accept the foul flows from the development with the benefit of planning consent and will therefore take the necessary steps to ensure that there is sufficient treatment capacity should the Planning Authority grant planning permission. The sewerage system at present has available capacity for these foul flows via a gravity connection regime. The surface water strategy/flood risk assessment submitted with the planning application, dated 30/4/18 reference 3254, is currently unacceptable. Insufficient evidence has been provided to demonstrate that the proposed means of surface water connection to the foul sewer is the most suitable solution, or that it will not have a detrimental impact to the network. We would therefore recommend that the applicant consults with both Anglian Water and the Lead Local Flood Authority (LLFA) to discuss the proposed solution before determination of this application. HISTORIC ENVIRONMENT SERVICE No objection. NATURAL ENGLAND No objection. PUBLIC RIGHTS OF WAY OFFICER We welcome the inclusion of the requested footpath link from the development to the Public Right of Way, known as Watton Restricted Byway 2. We note the Proposed Site Layout Plan includes a New 2.0m wide footpath to continue down Bridal Way to connect to Brandon road built to NCC highway standards. The Restricted Byway must remain suitable for its users and horses are generally not keen on tarmac. We would suggest some improvement would be beneficial, but not a fully sealed surface. Furthermore, a 2m wide surface within an RB is not suitable as if it happened to be used by a horse and cart, the cart may not quite fit on a 2m width surface. A good compromise would be improvement of the surface of the RB from the footpath link to the Brandon Road with road plainings to a width of 3m. The specification for this would need to be formally agreed with the Norfolk County Council Public Rights of Way team, and a Temporary Closure Order may be required prior to the commencement of any works within the RB.

NORFOLK WILDLIFE TRUST No Comments Received NORFOLK RIVERS INTERNAL DRAINAGE BOARD No Comments Received OBLIGATIONS OFFICER, NORFOLK COUNTY No Comments Received COUNCIL

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REPRESENTATIONS Five letters of objection have been received in response to the initial public consultation. These letters are summarised as follows:

Impact on amenity Increased risk of flooding due to the proposal Removal of vegetation and hedges Impact on ecology Heavy increase in surface water runoff from Stokes Avenue Increase in noise Noise from construction traffic Increased traffic congestion.

A further consultation was undertaken on an amended layout and no further representations were received.

ASSESSMENT NOTES 1.0 Principle of Sustainable Development

1.1 The National Planning Policy Framework (NPPF 2019) confirms that local authorities should attach significant weight to the benefits of economic and housing growth and enable the delivery of sustainable developments. It states that achieving sustainable development means that the planning system has three overarching objectives, namely an economic objective, a social objective and an environmental objective. The application will therefore be assessed in the content of the presumption in favour of sustainable development.

1.2 In relation to housing, NPPF states that to support the Government's objective of significantly boosting the supply of homes, it is important that a sufficient amount and variety of land can come forward where it is needed, that the needs of groups with specific housing requirements are addressed and that land with permission is developed without unnecessary delay. In order to achieve this objective government requires that authorities should identify and maintain a rolling supply of specific deliverable sites sufficient to provide five years worth of housing against their housing requirements plus an additional buffer of 5% to ensure choice and competition in the market for land. Where there has been persistent under delivery the buffer should be increased to 20%.

1.3 Paragraph 78 of the NPPF states that in order to promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. Planning policies should identify opportunities for villages to grow and thrive, especially where this will support local services.

1.4 The site is located within the defined settlement boundary for Watton, therefore it accords with policies CP1, CP14 and DC2 of the adopted Core Strategy and Development Control Development Plan Document (2009). The principle of residential development is acceptable provided the proposal is suitable in terms of appropriate density, mix, type and character.

1.5 From a social and economic perspective, Watton has been defined under policy SS1 as a mid sized market town that provides a good range of services for their residents day-to-day needs but have limited capacity for expansion due to the constraints of its heritage buildings and Conservation Areas.

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1.6 It is considered the proposal would provide short term economic benefits from construction, and benefit the local economic by settling families.

1.7 The site is located within walking distance of Watton town centre, where there are retail, commercial and entertainment facilities. It is considered the site is located within a sustainable location.

1.8 The proposal in principle is considered to be a sustainable form of development in accordance with the NPPF.

2.0 Impact on character of the area

2.1 The NPPF and the Breckland Core Strategy and Development Control Development Plan Document (2009) require new development to give careful consideration to its impact on the site and surroundings. Core Policy DC2 deals with housing mix and density, whilst Policy DC16 promotes good design and highlights the importance of local character and the important role layout and siting have on the appearance of an area.

2.2 The proposed development is located to the rear of 121A Brandon Road, Watton and is bounded by Peddars Way to the West, and back gardens of housing to the north and east and a car park serving dwellings to the South. The site is relatively flat and level and is predominantly grassland to the north and dense continuous scrub to the south. The boundary treatment for the site includes fences to the north, east and west with a mix of mature trees to the west and north west. The surrounding dwellings are a mix of bungalows and two storey properties. Materials proposed for the dwellings include red facing brickwork and Crest Wold pantiles.

2.3 The proposed number of dwellings has been reduced from 12 to 9 and they are set along the western and northern boundaries, leaving an area of open space to the eastern boundary. The varying house types and designs add interest to the proposal, however maintain a level of uniformity by utilising the same materials, window fenestration and amenity space is provided for each dwelling. The properties respect the character of the surrounding area.

2.4 The proposal is located in an area surrounded by residential development to the north, south and east, therefore it is considered to be acceptable in terms of its impact on the open countryside.

2.5 The proposal is considered to have given due regard to the parameters of policies DC1 and DC16 of the Adopted Core Strategy and Development Control Policies Development Plan Document (2009).

3.0 Impact on amenity

3.1 Policy DC1of the Core Strategy requires that all new developments have regard to amenity considerations and states that development will not be permitted where there are unacceptable impacts on the amenity of neighbouring residents and future occupants.

3.2 The proposal provides acceptable separation distances between the existing and proposed dwellings to the north, south, south east and east. A construction management plan condition is recommended to ensure construction impacts are mitigated.

3.3 it is considered that the proposed development is acceptable in terms if its impact on existing residential occupiers.

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4.0 Impact on trees

4.1 Policy DC12 states that development that would result in the loss or the deterioration in the quality of important natural features such as protected trees and hedgerows will not normally be permitted.

4.2 The Tree Officer has advised no objection to the proposal on the basis that a tree protection plan is required under a condition as well as an addendum to the AIA relating to the proposed footpath within the site. The proposal is considered to comply with policy DC12 of the Adopted Local Plan (2009).

5.0 Impact on ecology

5.1 The site comprises scrub and grass land with some tree cover predominantly to the boundaries with a mature hedgerow running along the western boundary with Peddars Way.

5.2 A preliminary ecological appraisal was submitted to support the application. The Natural Environment Team stated that if any mature trees are to be impacted upon by the proposed development a Preliminary Roost Assessment will need to be carried out and a condition is recommended for this. A Construction Environmental Management Plan has also been conditioned alongside the mitigation measures identified in the Preliminary Ecological Appraisal. However, in response ot the amended site layout the Natural Environment Team have advised that the Preliminary Roost Assessment will need updating to take into account the revised proposals.

5.3 Natural England were consulted and have no objections to the proposal.

5.4 With regards to the impact on the Stone Curlew it is noted that the site is in excess of 1 km from the SPA but just within the 1500m buffer zone set out in policy CP10 of the Core Strategy. However, the site is a significant distance from the SPA and is masked by the existing built development of Watton to the north, south, east and west. Therefore, the proposed development would accord with policy CP10(a) of the Core Strategy.

5.5 It is considered that subject to conditions and the receipt of an updated ecological report there would be no significant harm caused to important landscape features and nature conservation interests within and around the site as required by policy DC12 and CP10 of the Core Strategy DPD.

6.0 Highways Impacts

6.1 Policy CP4 of the Core strategy seeks to ensure that all access and safety concerns are resolved in new developments.

6.2 With regards to traffic generation, it is noted that the proposal would generate additional vehicular movements along the local highway network. However, it is considered that the surrounding network is such that it could accommodate the additional traffic without causing any significant adverse impact on the safety and operation of the surrounding highway network.

6.3 NCC Highways have advised no objections subject to conditions. The submitted plan indicates adequate parking on site.

6.4 The Rights of Way officer has advised no objection to the proposal but advises that a Public Right of Way, known as Watton Restricted Byway 2 is aligned along the western boundary of the site and has

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 302 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 advised that a link should be provided to integrate to this right of way. This link is shown on the proposed site plan and a condition is recommended to secure this. The revised plan also shows that the surfacing of a section of this existing right of way between the site and Brandon Road will be upgraded. A condition is also proposed for this.

6.5 It is considered that the proposal is acceptable in terms of its impact on highway safety.

7.0 Affordable Housing Provision

5.1 Since the publication of the revised NPPF in July 2018 (now updated 2019), affordable housing contributions can be sought on developments of 10 units or more or on sites of more than 0.5 hectares. The site is less than 0.5 hectares and is only 9 units are proposed therefore no affordable housing is required. As to whether the density represents under development of the site and a deliberate circumvention of affordable housing requirements, it should be noted that previous application 3PL/2015/0769/O was approved comprising of 9 dwellings on the same site area, Given the precedent of the consented scheme, it is considered that the density and layout of the development is appropriate and does not represent a circumvention of affordable housing requirements.

6.0 Other Matters

6.1 The Contaminated Land Officer has been consulted on the proposal and has no objection to the proposal subject to conditions.

6.2 The LLFA and Anglian Water have been consulted on the proposal. The LLFA originally objected to the proposal due to concern about the drainage of surface water from the site without increasing the risk of flooding elsewhere. Additional information was submitted to address this objection, but the LLFA still advised that it was not acceptable. The agent has submitted additional information to respond to these comments and the LLFA have been consulted on this. Watton Town Council have objected to the proposal on grounds of flooding. Subject to no objections from the LLFA it is considered that the proposal is acceptable.

6.3 The Historic Environment Service were consulted on the application and have no objections to the proposal.

7.0 Conclusions

7.1 The proposal falls within the defined settlement boundary, and is in accordance with policies SS1, CP1 and DC2. By consequence, the application is considered to be sited in a sustainable location, in accordance with the NPPF.

7.2 The applicant has worked positively and proactively with the Local Authority to address concerns within the locality and respective neighbouring residents.

7.3 On the basis of the above assessment and subject to the LLFA withdrawing their objection and the receipt of an updated ecological report, the proposal is recommended for approval subject to conditions.

RECOMMENDATION That the application be approved subject to the LLFA withdrawing their objection and subject to an updated ecological report being received. It is recommended that these matters be delegated to officers for approval

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 303 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 subject to a resolution to approve the application.

CONDITIONS 1 Full Permission Time Limit (2 years) The development must be begun not later than the expiration of TWO YEARS beginning with the date of this permission. Reason for condition:- As required by section 91 of the Town & Country Planning Act 1990 (as amended) and to ensure the deliverability of the scheme to contribute to the five year housing land supply. 2 In accordance with submitted plans NEW 2017 The development must be carried out in strict accordance with the application form, and approved documents and drawings as set out in the table at the end of this notice. Reason for condition:- To ensure the satisfactory development of the site. 3 External materials to be approved Prior to the commencement of any works above slab level precise details of the colour of the external materials shall be submitted to and approved in writing by the Local Planning Authority. Only such agreed materials shall be used in connection with this approval. Reason for condition:- To ensure the satisfactory appearance of the development, in accordance with Policy DC 1 and DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 4 Boundary screening to be agreed Prior to the occupation of the development hereby approved, a scheme for the provision of boundary screening, shall be submitted to the Local Planning Authority for approval. Such scheme as may be agreed shall be completed prior to the occupation of the development which the screening adjoins to the satisfaction of the Local Planning Authority. Reason for condition:- To safeguard the interests of the amenities of neighbouring occupiers and to ensure the satisfactory appearance of the development, in accordance with Policy DC 1 and DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 5 Surfacing - details and construction Prior to the commencement of any works above slab level precise details of the construction, surfacing and drainage of the parking and servicing areas, the means of access to the site and details of all paving to be carried out shall be submitted to and approved in writing by the Local Planning Authority. Such work shall be completed to the satisfaction of the Local Planning Authority before the occupation of the development hereby permitted and thereafter retained. Reasons for condition:- (a) In the interests of the orderly development of the site and to ensure the satisfactory development of the site. (b) To minimise the possibilities of flooding.

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This condition will require to be discharged 6 Landscaping - details and implementation Prior to the occupation of the development hereby permitted a scheme of landscaping which shall take account of any existing trees or hedges on the site, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out during the planting season November/March immediately following the commencement of the development, or within such longer period as may be agreed in writing with the Local Planning Authority. The details shall take account of the Council's leaflet "Tree pack" (Landscaping advice for applicants). Any trees or plants which within a period of 5 (five) years from the completion of the landscaping scheme die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with others of the same size and species unless the Local Planning Authority gives written consent to any variation. Reason for condition:- To ensure the satisfactory appearance of the development, in accordance with Policy DC 12 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 7 Hardlandscaping - details and completion Prior to the occupation of the development hereby permitted details of the hard landscaping shall be submitted to and approved in writing by the Local Planning Authority. Such approved works shall be completed in all respects before the occupation of the development hereby permitted and thereafter retained. Reason for condition:- To ensure the satisfactory appearance of the development, in accordance with Policy DC01 and DC16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 8 Non-standard condition Prior to the commencement of the development hereby permitted an updated Tree Survey, Tree Protection Plan and Arboricultural Impact Assessment shall be submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved details. Reason for condition:- To ensure the satisfactory appearance of the development, in accordance with Policy DC01 and DC16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 9 Non-standard condition Prior to the first occupation of the development hereby permitted the proposed access / footway / on-site car parking / turning shall be laid out in accordance with the approved plan and retained thereafter available for that specific use. Reason: To ensure the permanent availability of the parking / manoeuvring area, in the interests of highway safety. 10 Non-standard condition Prior to the commencement of any works on site a Construction Traffic Management Plan, to

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incorporate details of on-site parking for construction workers, access arrangements for delivery vehicles and temporary wheel washing facilities for the duration of the construction period shall be submitted to and approved in writing with the Local Planning Authority in consultation with Norfolk County Council Highway Authority. Reason: This is required to be pre commencement in the interests of maintaining highway efficiency and safety. 11 Non-standard condition For the duration of the construction period all traffic associated with the construction of the development will comply with the Construction Traffic Management Plan and unless otherwise approved in writing with the Local Planning Authority in consultation with the Highway Authority. Reason: In the interests of maintaining highway efficiency and safety 12 Non-standard condition Details of the footpath connection to the Public Right of Way, known as Watton Restricted Byway 2, shall be submitted to and approved in writing with the Local Planning Authority prior to the commencement of any dwellings on site. The connection shall be implemented prior to the occupation of any dwelling on the site. Reason: To ensure pedestrian permeability through the site in the interests of accessibility. 13 Non-standard condition Notwithstanding the details indicated on the submitted drawings no works above slab level shall commence on site unless otherwise agreed in writing until detailed drawings for improvements to the Public Right of Way Watton RB2 between the site and Brandon Road, as indicated on the approved drawing, have been submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that the highway improvement works are designed to an appropriate standard in the interest of highway safety and to protect the environment of the local highway corridor. 14 Non-standard condition Prior to the first occupation of the development hereby permitted the public right of way improvement works referred to in Part A of this condition shall be completed to the written satisfaction of the Local Planning Authority. Reason: To ensure that the highway network is adequate to cater for the development proposed. 15 Precise details of surface water disposal Prior to the commencement of any works above slab level precise details of the means of surface water disposal shall be submitted to and approved in writing by the Local Planning Authority. Only such agreed system or works shall be used in connection with this approval. Reason for condition:- The details are required to be submitted prior to the commencement of development to minimise the possibilities of flooding from the outset of the development. This condition is imposed in accordance with Policies DC 1 and DC 13 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009 This condition will require to be discharged 16 Precise details of foul water disposal Prior to the commencement of any works above slab level precise details of the means of foul water disposal shall be submitted to and approved in writing by the Local Planning

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Authority. Reason for condition:- The details are required to be submitted prior to the commencement of development to minimise the possibilities of flooding from the outset of the development. This condition is imposed in accordance with Policies DC 1 and DC 13 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009 This condition will require to be discharged 17 Contaminated Land - Site Investigation/Remediation Unless otherwise agreed in writing, the following details shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development hereby approved: A. Site Investigation A site investigation and risk assessment to determine the nature and extent of any contamination on the site, whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). B. Remediation Scheme A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. C. Implementation of Approved Remediation Scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority. The above must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. Reason for condition:- To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. INFORMATIVE:- Land contamination risk assessment is a step-by-step process. During the course of the risk assessment process set out in the above condition, it may become clear that no further work

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is necessary to address land contamination risks. Where this is the case the condition may be discharged by the Council without all the steps specified being completed. In all cases written confirmation should be obtained from the Council confirming that the requirements of the condition have been met. This condition will require to be discharged 18 Contaminated Land - Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with details to be agreed in writing with the Local Planning Authority. Where remediation is necessary, a remediation scheme must be submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report shall be submitted to and approved in writing by the Local Planning Authority. Reason for condition:- To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. This condition is imposed in accordance with CP9 of the Breckland Adopted Core Strategy. This condition will require to be discharged 19 Ecology CEMP condition No development shall take place (including demolition ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. This CEMP should be informed by the Preliminary Ecological Appraisal (Eco-check Consultancy Ltd; November 2017) and shall include the following:

Risk assessment of potentially damaging construction activities Identification of 'biodiversity protection zones' Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction; The location and timing of sensitive works to avoid harm to biodiversity features; The times during construction when specialist ecologists need to be present on site to oversee works; Responsible persons and lines of communication; The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person; Use of protective fences, exclusion barriers and warning signs.

The approved CEMP: Biodiversity shall be adhered to and implemented through the construction phases strictly in accordance with the approved details, unless agreed in writing by the local planning authority. Reason: This is required pre-commencement as the proposals require ground works and engineering works and on site and any ecological protection and mitigation measures will need implementing prior to commencement of these works on site in the interests of maintaining and enhancing biodiversity.

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This condition will require to be discharged 20 Non-standard condition Prior to any works being undertaken to any mature trees on the site a Preliminary Roost Assessment shall be carried out and submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with any required mitigation measures. Reason: In the interests of maintaining and enhancing biodiversity. 21 Non-standard condition Mitigation and enhancement measures shall be carried out as outlined in Section 8 and Section 9 of the Preliminary Ecological Appraisal report (Eco-check Consultancy Ltd; November 2017). Reason: the interests of maintaining and enhancing biodiversity.

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ITEM: RECOMMENDATION: APPROVAL REF NO: 3PL/2018/1498/F CASE OFFICER Lisa ODonovan

LOCATION: WRETHAM APPNTYPE: Full Site adjacent to No10 Manor Cottages POLICY: Out Settlemnt Bndry Church Road Wretham ALLOCATION: N CONS AREA: Adjacent

APPLICANT: Mr & Mrs Geoffrey and Ann Schofield LB GRADE: Adjacent Grade 2 10 Manor Cottages, Church Road Wretham AGENT: CSA Design Studio TPO: N The Cottage Rocklands Road PROPOSAL: Proposed semi detached dwellings (2no.)

REASON FOR COMMITTEE CONSIDERATION The application is brought to Committee as the recommendation is contrary to Policy.

KEY ISSUES Principle of development Impact upon character and appearance of area Amenity impact Highway safety Ecology impact Impact upon trees

DESCRIPTION OF DEVELOPMENT The application proposes the erection of one pair of semi-detached, two storey dwellings set on a similar building line to the those positioned to the east. The dwellings will have solar panels on the south facing roof slope (rear).

SITE AND LOCATION The land is currently garden land and is laid to grass with outbuildings situated along the rear boundary. The site is well screened by mature hedging and trees along the front and side (western) boundary. The site is surrounded on all boundaries by other residential uses with the road sited to the north.

EIA REQUIRED No

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RELEVANT SITE HISTORY No relevant site history

POLICY CONSIDERATIONS The following policies of the adopted Breckland Core Strategy and Development Control Policies and the adopted Site Specific Policies and Proposals Document, including the Proposals Maps, have been taken into consideration in the determination of this application. The provisions of the National Planning Policy Framework and National Planning Policy Guidance have also been taken into account, where appropriate

CP.04 Infrastructure CP.10 Natural Environment CP.14 Sustainable Rural Communities DC.01 Protection of Amenity DC.02 Principles of New Housing DC.12 Trees and Landscape DC.16 Design DC.19 Parking Provision NPPF National Planning Policy Framework NPPG National Planning Practice Guidance SS1 Spatial Strategy

OBLIGATIONS/CIL Not Applicable

CONSULTATIONS

WRETHAM P C No objections to the revised plan for the development itself. However the proposal to solve the issue of extra traffic on the single track Church Road by installing a passing place by the Village Hall is pointless. This is in the one location on the road where there is room for two vehicles to pass and some 600m from the narrow bendy part of the road which will cause the problems. NORFOLK COUNTY COUNCIL HIGHWAYS The site is located remotely from services and amenities which residents would require on an everyday basis. Consequently the occupiers of the dwellings would be reliant on the use of the private car.

The introduction of two dwellings would result in an increase in the use of Church Road both by the residents of the dwellings and delivery vehicles associated with these.

The carriageway width of Church Road varies but is single track for the most part. In order to mitigate against the increase in use the applicant is proposing to carry out minor widening to the carriageway along the site

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 311 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 frontage to 4.8m and for a passing place to be provided between the site and A1075 where a 4.8m carriageway can be achieved.

On that basis, if you are minded to grant approval, please include conditions in respect of access construction; visibility splays being provided; access, parking and turning being provided and off-site highway improvement works. TREE AND COUNTRYSIDE CONSULTANT Initial comment: No objection to the positioning of the passing place as shown.

Re-consultation comment: Happy with the changes. The provided TS & AIA is still applicable . CONTAMINATED LAND OFFICER No objection subject to condition. ECOLOGICAL AND BIODIVERSITY CONSULTANT No objection subject to conditions. HISTORIC BUILDINGS CONSULTANT No objection.

REPRESENTATIONS Site notice erected: 19-12-2018 Consultations issued: 13-12-2019 Re-consultations issued: 13-02-2019

9 representations received.

7 objecting raising concerns in respect of:- - Loss of privacy - Congestion - Highway safety - Drainage - Loss of amenity - Affordable housing - Environmental impact - Visual impact - Passing - wrong place and possibility for it to be used as additional parking.

2 letters of support received.

ASSESSMENT NOTES 1.0 Background

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1.1 The proposal was amended during the course of the application process in order to reduce the scheme from three to two dwellings and to include a passing place, the siting of which was also amended. This was the subject of a re-consultation.

2.0 Principle

2.1 The application site is located outside of any defined Settlement Boundary as designated by the adopted Core Strategy and Development Control Policies Development Plan Document (2009). For this reason the proposal conflicts in principle with Policies DC2 and CP14 of the Core Strategy and Development Control Policies Development Plan Document which seeks to focus new housing within defined Settlement Boundaries.

2.2 Paragraph 10 of the NPPF states that at the heart of the Framework is a presumption in favour of sustainable development. Paragraph 11 further states that proposed development that accords with an up- to-date Local Plan should be approved without delay, and where there are no relevant development plan policies, or the policies which are most important for determining applications are out-of-date, granting permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits.

2.3 The Council cannot demonstrate a current 5 year housing land supply and therefore the Core Strategy and Development Control Policies Document which relate to housing land supply only are not considered up- to-date and therefore the material considerations are assessed in line with the sustainable development roles within paragraph 8 of the NPPF:

- economic, to help build a strong, responsive and competitive economy, by ensuring that sufficient land of the right types is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure; - social, to support strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations; and by fostering a well- designed and safe built environment, with accessible services and open spaces that reflect current and future needs and support communities' health, social and cultural well-being; and - environmental, to contribute to protecting and enhancing our natural, built and historic environment; including making effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy.

2.4 In terms of the economic and social criteria, the proposal would provide two new dwellings and would therefore make a minimal contribution to the housing supply shortfall. The proposal would also provide some limited short-term economic benefits through labour and supply chain demand required during construction, and longer-term economic benefits through the additional household spend within the surrounding area that would be generated by the provision of two dwellings.

2.5 The village of Wretham is classed as a rural settlement and does not have a defined Settlement Boundary in the current local plan or the emerging plan. These villages contain limited services and facilities. The spatial strategy states that these villages are not capable of supporting consequential growth as they rely on higher order settlements for the majority of these services and facilities.

2.6 The nearest Market Town to the site is Thetford which is approximately 6.5 miles to the south west would provide the majority of the day-to-day services. Thetford is not walkable in terms of distance and the route is unlit with no footpaths/along a busy A road. The route to local facilities is not therefore safe for pedestrians.

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2.7 The nearest bus stop to the proposed site is approximately 0.6 of a mile from the site, opposite The Camp. This bus service links the village to Watton and Thetford however, given the lack of footpath provision within the village and the nature of the road linking the site to the A1075 to the east the likelihood of future occupants walking to this bus stop is limited. For these reasons occupants of the dwellings would rely on the use of the private car to gain access to local facilities. This would not accord with paragraphs 102 and 103 of the National Planning Policy Framework (February 2019) which is to actively manage patterns of growth to make the fullest possible use of public transport, walking and cycling. These factors weigh against the proposal.

3.0 Impact on the character and appearance of the area

3.1 The environmental role of sustainable development seeks to, in part contribute to protecting and enhancing the natural, built and historic environment. Consideration of a development's impact on the character and appearance of the area within which it is situated is, therefore, integral to the environmental dimension of sustainable design, as is its design.

3.2 Policy DC16 requires all new development to achieve the highest standard of design. As part of this, all design proposals must preserve or enhance the existing character of an area. Consideration will also be given to the density of buildings in a particular area and the landscape/townscape effect of any increased density.

3.3 The proposal was amended during the course of the application process amending the scheme from three dwellings to two, semi-detached dwellings on a similar building line to the existing semi-detached properties. As a result of this amendment, the proposal relates as a consistent and appropriate form of development. The land is already garden serving the existing dwelling and therefore doesn't relate as open countryside, this alongside the dwellings to the east and new development under construction to the west, the site relates as infill. The development will also be retained within the existing site boundaries, therefore will not result in further encroachment to the existing site dimensions.

3.4 The design of the proposed dwellings are distinctive in terms of their opening placements, however given the overall matching scale and similar roof pitches, alongside the varying mix and type of development in the vicinity, the design is considered acceptable. The proposal also seeks to utilise solar energy in order to provide some of the electricity supply to the property.

3.5 In light of the above factors, the proposal is considered to accord with the environmental role of sustainable development and Policy DC16 of the adopted Local Plan.

4.0 Amenity impact

4.1 Policy DC1 seeks to protect residential amenity and that all new development must have regard to amenity considerations and states that development will not be permitted where there are unacceptable effects on the amenity of neighbouring residents and future occupants.

4.2 The proposed siting of the dwellings is such that significant separation distances will be retained between the existing dwelling at No.10 and the proposed new dwellings. The set back position from the road frontage will minimise the impact on the opposite dwellings and the orientation of the site is such that loss of light will not be a significant, adverse issue. Window placements and internal layouts are also considered sensitively designed to ensure that side facing windows serve non-habitable rooms. The proposal also provides the proposed dwellings with a sufficient amount of private, rear amenity space for any future

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 314 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019 occupiers. In light of these factors, the proposal is considered to have due regard to Policy DC1 and paragraph 127 (f) of the NPPF February 2019.

5.0 Highway safety

5.1 Policy CP4 of the Core strategy seeks to ensure that all access and safety concerns are resolved in new developments. Policy DC19 requires sufficient parking for all new development.

5.2 The amended proposal provides sufficient parking and turning space for the proposed dwellings and the existing. Norfolk County Council was consulted, following an amended scheme to include a passing place, they advised that the site is located remotely from services and amenities which residents would require on an everyday basis. Consequently the occupiers of the dwellings would be reliant on the use of the private car.

5.3 The introduction of two dwellings would result in an increase in the use of Church Road both by the residents of the dwellings and delivery vehicles associated with these.

5.4 The carriageway width of Church Road varies but is single track for the most part. In order to mitigate against the increase in use the applicant is proposing to carry out minor widening to the carriageway along the site frontage to 4.8m and for a passing place to be provided between the site and A1075 where a 4.8m carriageway can be achieved.

5.5 In light of these improvements, no objections are raised subject to conditions.

5.6 Comments have been raised in respect of the position of the passing place, the first proposal proposed a passing bay near to the village hall however this was further amended to a position further west, along the southern side of the road, all within the highway boundary.

5.7 The position of the passing place has been assessed by the Highway Department at Norfolk County Council as suitable.

6.0 Ecology impact

6.1 Policy CP10 seeks the enhancement of biodiversity and geodiversity in the district. There is an expectation that development will incorporate biodiversity or geological features where opportunities exist.

6.2 The application was supported by a Preliminary Ecological Appraisal which was sent to the Ecology Team for assessment. Their comments were as follows:

6.3 The Preliminary Ecological Appraisal report (Huckle Ecology; December 2018) is fit for purpose. We agree with the report that 'due to the scale of the proposed works, distances involved between the site and designated sites and the lack of functional connectivity of the habitats present within the site, there are unlikely to be impacts on designated sites. Mitigation measures proposed in the report will reduce the likelihood of impacts on ecological receptors to acceptable levels.

6.4 In light of this advice, the proposal is considered to have due regard to Policy CP10 subject to conditions in respect of the proposed mitigation and enhancement measures, these will be applied to any forthcoming approval.

7.0 Tree impact

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7.1 Policy DC12 seeks to preserve the District's trees, hedgerows and other natural features and secure appropriate landscaping schemes to mitigate the impact of, and complement, new development.

7.2 The Tree and Countryside Officer raised no objection to the amended scheme (both passing place and the overall scheme) and advised that the supplied tree survey was still fit for purpose. On this basis, the proposal is considered to have due regard to Policy DC12.

8.0 Other matters

8.1 The comments raised in respect of drainage were considered. It should be noted that the site does not fall within a flood zone nor is it prone to surface water drainage issues having checked the Government's Flooding maps, therefore there is little scope under the planning legislation with which to control this issue. The drainage methods will however be adequately controlled and assessed at the Building Regulations stage should permission be forthcoming.

8.2 The position of the passing place has been assessed by the Highway Department at Norfolk County Council as suitable.

8.3 The comments raised in respect of affordable housing have been noted however the development does not trigger any requirement for the homes to be 'affordable' therefore there is little we can do to enforce this.

9.0 Conclusion

9.1 The application does not accord with the adopted development plan as the site falls outside of any settlement boundary. However, the Council does not currently have a 5 year land supply as required by the NPPF and this development would provide a small contribution towards Breckland's Housing supply. On this basis, the other key principle considerations for this proposal must be assessed and are whether the site is a sustainable location for housing and the visual impact on the countryside.

9.2 The site is in close proximity to other dwellings and is in close proximity to an application site given permission for development, these are under construction at present. The application relates as infill, utilises an existing resdidential garden area and demonstrates how a pair of semi-detached dwellings can be accommodated within the site without having a significant impact on the overall character of the area. On this basis, the development of the site would not negatively impact the character and appearance of the countryside and therefore complies with the environmental role of sustainable development and Policy DC16.

9.3 The site is not in a sustainable location with good access to services and facilities. This is a negative aspect of the proposal, and does not accord with policies SS01 and CP14.

9.4 When applying the tilted balance required by paragraph 11 of the NPPF, the previously approved site to the north weighed against the the small negative harm created by the site's location away from services and facilities for two dwellings, is considered to be outweighed by the positive contribution towards housing in the district and due to the aforementioned reasons the development will not cause significant harm to the street scene or character and appearance of the countryside.

9.5 In accordance with paragraph 11 of the NPPF, no harm has been identified which would significantly and demonstrably outweigh the benefits, and therefore the grant of planning permission subject to conditions, is recommended.

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RECOMMENDATION Recommended approval as per Officer's report and subject to the conditions below.

CONDITIONS 1 Full Permission Time Limit (2 years) The development must be begun not later than the expiration of TWO YEARS beginning with the date of this permission. Reason for condition:- As required by section 91 of the Town & Country Planning Act 1990 (as amended) and to ensure the deliverability of the scheme to contribute to the five year housing land supply. 2 In accordance with submitted plans NEW 2017 The development must be carried out in strict accordance with the application form, and approved documents and drawings as set out in the table at the end of this notice. Reason for condition:- To ensure the satisfactory development of the site. 3 External wall and roof materials to be agreed No development beyond slab level shall take place until precise details, (including samples where required), of the materials used in the construction of the external walls and roof(s) of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. This condition shall apply notwithstanding any indication as to these matters that have been given in the current application. The materials to be used in the development shall be in accordance with the approved details. Reason for condition:- To enable the Local Planning Authority to control the colour, tone, texture and appearance of the materials used to ensure the satisfactory appearance of the development, as required by Policy DC 1 and DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 4 New access (over verge/ditch/watercourse/footway) Prior to the first occupation of the development hereby permitted the vehicular access shall be constructed in accordance with a detailed scheme to be agreed in writing with the Local Planning Authority in accordance with the highways specification TRAD 4 and thereafter retained at the position shown on the approved plan. Arrangement shall be made for surface water drainage to be intercepted and disposal of separately so that it does not discharge from or onto the highway. Reason for condition:- To ensure construction of a satisfactory access and to avoid carriage of extraneous material or surface water from or onto the highway in the interests of highway safety. This condition will require to be discharged 5 Provision of visibility splays - condition/approved plan Prior to the first occupation of the development hereby permitted visibility splays shall be

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provided in full accordance with the details indicated on the approved plan.The splays shall thereafter be maintained at all times free from any obstruction exceeding 0.6 metres above the level of the adjacent highway carriageway. Reason for condition:- In the interests of highway safety in accordance with the principles of the NPPF This condition will require to be discharged 6 Provision of parking and servicing areas Prior to the first occupation of the development hereby permitted the proposed access, parking and turning area shall be laid out, demarcated, levelled, surfaced and drained in accordance with the approved plan and retained thereafter available for that specific use. Reason for condition:- To ensure the permanent availability of the parking/manoeuvring areas, in the interests of satisfactory development and highway safety. This condition will require to be discharged 7 Highway improvements - off-site Notwithstanding the details indicated on the submitted drawings no works above slab level shall commence on site unless otherwise agreed in writing until detailed drawings for the off- site highway improvement works as indicated on Drawing No.0673 03 05 Rev A have been submitted to and approved in writing by the Local Planning Authority. Reason for condition:- To ensure that the highway improvement works are designed to an appropriate standard in the interest of highway safety and to protect the environment of the local highway corridor. 8 Highway improvements - off-site Prior to the first occupation of the development hereby permitted the off-site highway improvement work referred to in Part A (condition 7) of this condition shall be completed to the written satisfaction of the Local Planning Authority. Reason for condition:- To ensure that the highway network is adequate to cater for the development proposed. This condition will require to be discharged 9 Ecology - mitigation and enhancement The proposed works shall be carried out in-line with the mitigation measures outlined in section 5.4 of the Preliminary Ecological Appraisal report (Huckle Ecology; December 2018). Enhancement measures outlined in section 5.4 of the Preliminary Ecological Appraisal report (Huckle Ecology; December 2018) shall be incorporated into the site's design. Evidence of this shall be submitted to and approved by the Local Planning Authority prior to first occupation. Reason for condition:- To ensure the development is not detrimental to Protected Species and in order to protect the wildlife value of the site in accordance with Policy CP10 of the Adopted Core Strategy and Development Control Polices Development Plan Document 2009 and the National Planning Policy Framework. 10 Contaminated Land - Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 318 BRECKLAND COUNCIL - PLANNING COMMITTEE - 8th April 2019

accordance with details to be agreed in writing with the Local Planning Authority. Where remediation is necessary, a remediation scheme must be submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report shall be submitted to and approved in writing by the Local Planning Authority. Reason for condition:- To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. This condition is imposed in accordance with CP9 of the Breckland Adopted Core Strategy. This condition will require to be discharged 11 Implementation of submitted boundary treatment The boundary treatment shown on the plans and particulars hereby approved shall be constructed/retained in the manner shown and completed before the dwellings are first occupied. Reason for condition:- In the interests of the satisfactory appearance of the development in accordance with Policy DC16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 14 Variation of approved plans Any variation from the approved plans following commencement of the development, irrespective of the degree of variation, will constitute unauthorised development and may be liable to enforcement action. You or your agent or any person responsible for implementing this permission should inform the Development Control Section immediately of any proposed variation from the approved plans and ask to be advised to the best method to resolve the matter. Most proposals for variation to the approved plans will require the submission of a new application.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) 319 Agenda Item 11

Date of list - 28th March 2019

BRECKLAND COUNCIL PLANNING COMMITTEE List of decisions made by Breckland Council under the agreed terms of delegation.

______

DOC - COMPLETE

3DC/2018/0029/DOC Orbit Homes (2020) Ltd ATTLEBOROUGH Discharge of Conditions Land at Haverscroft No4,No7,No15 No21 on House Farm,London 3PL/2016/0325/F Road Erection of 200 dwellings with Attleborough associated infrastructure, roads, open space, landscaping, pumping station, electrical substation, trim trail and natural play areas, vehicular and cycle/footpath connection to London Road 3PL/2016/0325/F Conditions(s) Condition 4 (Floor Levels and Boundary Levels) Condition 7 (Tree Protection) Condition 15 (Roads and Footways) Condition 21 (Foul and Surface Water Drainage)

3DC/2019/0005/DOC Clere House Developments BESTHORPE Discharge of Conditions No Limited Oakfield Lane 3,6,7,8,9, and 13,on Norwich Road 3PL/2017/1527/F Besthorpe

3DC/2019/0046/DOC Taylor Wimpey East Anglia Discharge of Conditions No 11 Spitfire Drive on 3PL/2013/0754/F Plots 50- Carbrooke 68

3DC/2019/0024/DOC Mr Stephen Cross DEREHAM Discharge of conditions 3, 4, 5, Land adjacent to & 6 on pp 3PL/2018/0752/F 4 Galloway Close (New single-storey dwelling Dereham including garage)

3DC/2019/0032/DOC Mrs Sarah Ramshaw DEREHAM Discharge of Conditions 5,9,10 Tayside 34 Yaxham on 3PL/2017/1160/O

PLAGDEL (ODB-Ocella One Click Agenda) 320 Road Dereham

3DC/2019/0049/DOC Mr Andrew Taylor GARBOLDISHAM Discharge of Condition No 3 on 41 Smallworth 3PL/2018/1266/F Annex Garboldisham

3DC/2019/0041/DOC Mr M Ross GARVESTONE Discharge of Conditions 12 & Jasmine Cottage 13 on planning application no Garvestone 3PL/2015/0838/F Drainage Layout

3DC/2019/0051/DOC RDB Construction GREAT Discharge of condition 10 on pp ELLINGHAM 3PL/2018/1369/VAR Conifers Hingham Road

3DC/2019/0054/DOC Mrs Lynda Porter Discharge of Condition 8 on 2 Dam Green Farm 3PL/2018/0158/VAR Fersfield Road Kenninghall

3DC/2019/0030/DOC Pye Holdings Limited MILEHAM Discharge of Condition no 6 on The Old Swamills 3PL/2016/0534/O Back Lane Mileham

3DC/2019/0052/DOC Mr & Mrs Bock-Brown MILEHAM Discharge of Condition 3 on The Cove Stanfield 3PL/2018/1159/HOU Road Mileham

3DC/2019/0042/DOC Ian Thompson NECTON Confirmation of Compliance Town Farm Chantry that work has started on plot 3 - Lane Planning permission Necton 3PL/2014/0590/O

3DC/2019/0044/DOC Mr Dick Smith NECTON Discharge of Condition No 6D Former Necton on pp 3PL/2012/0833/O Garden Centre Tuns Road Necton

3DC/2019/0003/DOC Mr Gavin Redwood NORTH ELMHAM Discharge of Conditions Granary Buildings 3,4,6,7,9,10,11,17,18,20,21,23 Eastgate Street on 3PL/2017/0361/F North Elmham

PLAGDEL (ODB-Ocella One Click Agenda) 321 3DC/2019/0031/DOC Mr J Barber NORTH ELMHAM Discharge of condition 10 on pp Land off Holt Road 3PL/2015/0919/O North Elmham

3DC/2019/0027/DOC Places for People OLD BUCKENHAM Discharge of Conditions No 10 Land South of March & 13 on 3PL/2018/0719/F Field Way

3DC/2019/0040/DOC Mr & Mrs Ironmonger OLD BUCKENHAM Discharge of Condition No 5 Buckenham Priory 3PL/2018/0103/F Abbey Road Old Buckenham

3DC/2019/0018/DOC Mr Alister Priestley Discharge of condition 6 of Knettishall Heath planning permission Country Park, The 3PL/2018/0408/F Workshop Knettishall Road, Riddlesworth

3DC/2019/0015/DOC Wellington SHIPDHAM Discharge of condition 20 on pp Parklands Avenue 3PL/2015/0562/F Shipdham

3DC/2019/0045/DOC Clayland Estates Ltd SHIPDHAM Discharge of Conditions No's 5 Land to the east of & 7 3PL/2018/1103/F Pound Green Lane Residential Development of 4 Shipdham dwellings

3DC/2019/0008/DOC Mr Richard Lines THETFORD Discharge of condition 8 of Tanner House 3PL/2015/0910/F Tanner Street, Thetford

3DC/2018/0218/DOC Hopkins Homes Limited WATTON Discharge of Conditions Land West of Saham 8,9,11,12, on 3PL/2015/0219/F Road & APP/F2605/W/15/3140922 Saham Road, Watton

3DC/2016/0099/DOC Emblem Homes Limited WEETING Discharge of conditions 3, 4, 5, Land Adjacent 10, 11, 12, 13, 14, 16, 18, 25, Fengate Drove 27, 31, 32 on 3PL/2014/1361/F High Street

No Prior Approval

PLAGDEL (ODB-Ocella One Click Agenda) 322 3PN/2019/0004/PV Zestec Asset Management SWAFFHAM Solar PV system totalling The Nicholas 100kWp on roof Hamond Academy Brandon Road

Permission

3PL/2018/0840/F Mr & Mrs Shepherd ASHILL Conversion of redundant Holmere House The workshop to dwelling Green Ashill

3OB/2019/0001/OB Orbit Homes (2020) Ltd ATTLEBOROUGH Discharge of Section 106 Land at Haverscroft agreement to 3PL/2016/0325/F House Farm - Management company London Road nominated body to be Orbit Attleborough South part of the Orbit Group

3PL/2019/0118/HOU Yap ATTLEBOROUGH Part single, Part 2 storey 47 Honeysuckle extension to the rear Way Attleborough

3PL/2019/0120/HOU Mrs Brenda Sullivan ATTLEBOROUGH Single storey kitchen extension 13 Elizabeth Close to rear Attleborough

3PL/2019/0122/PIP Miss Sarah Rudd ATTLEBOROUGH Residential development of up Land at Wayside to 9 dwellings Bunns Bank Road, Attleborough

3PL/2019/0105/PIP Mr D Chappell BANHAM Erection of single dwelling Land adjacent Dinas Greyhound Lane

3PL/2019/0132/HOU Mr Lee Stedman Front and rear extension and Shamrock detached single garage 29 Elmham Road, Beetley

3PL/2019/0047/VAR Clere House Developments BESTHORPE Variation of Condition No 2 on Limited Oakfield Lane 3PL/2017/1527/F (Erection of 3 Norwich Road detached houses with garages)

PLAGDEL (ODB-Ocella One Click Agenda) 323 Besthorpe - revised position of house on plot 1 and garages on plots 1 & 3 to accomodate turning head

3PL/2017/1330/HOU Mr Colin Lloyd BLO' NORTON Alterations to existing Blo Norton House outbuilding to form two garages The Street, Blo Norton

3PL/2017/1331/LB Mr Colin Lloyd BLO' NORTON Alterations to existing Blo Norton House outbuilding to form two garages The Street, Blo Norton

3PL/2019/0178/F TH Developments Limited CARBROOKE Erection of two terraced houses Land adjacent 11 linked to existing Cranwell Road Carbrooke

3PL/2019/0104/HOU Mr R Tucker & Dr R Ellis CASTON Proposed single storey side Foxhall Cottage extension Dukes Lane Caston

3PL/2019/0134/HOU Mr J Hipperson CASTON Front, rear, & side extensions to Northacre dwelling Farmhosue Northacre, Caston

3PL/2019/0136/VAR Wayne Bolton CASTON Variation of condition 2 of Bilhams Cottage planning permission The Street Caston 3PL/2018/1146/VAR -Window in west elevation

3PL/2019/0038/F Mr T Hunt Erection of a proposed Primrose Farm essential workers cottage to be Southburgh Road used in connection with the Southburgh existing farm business. Cranworth

3PL/2019/0141/HOU Mr & Mrs Dean & Samantha CROXTON Single storey extension to rear, Stannard 8 Hill House Lane & two storey extension to north Croxton side elevation

3NM/2019/0022/NMA Greenwood Properties DEREHAM Amendment to approved Norfolk L Westwood Stud application 3PL/2018/0597/VAR Dereham Road (plots 2 & 3) - Redesign of Westfield house with changes to first floor roof and internal design layout

PLAGDEL (ODB-Ocella One Click Agenda) 324 3PL/2018/1483/HOU Lisa Baker and Stephen DEREHAM Resubmission of Skinner 3 Townshend Road 3PL/2018/1056/HOU - Minor Dereham alterations to single storey rear extension to existing garage & converting garage to form a dayroom/lounge. New front porch & new oak framed car port.

3PL/2019/0042/F Black Swan International Ltd DEREHAM Single storey extensions to six York House 47 bedrooms to create en-suite Norwich Road facilities Dereham

3PL/2019/0055/LB Edmond Property Services DEREHAM Replace sash windows with like 41 Quebec Street for like Dereham

3PL/2019/0076/HOU Mr Hawkins DEREHAM Brick and tile porch to the front 26 Hill Fields of the property Dereham

3PL/2019/0082/HOU Mr & Mrs REEDER DEREHAM Conversion of integral garage to 1 West View bedroom and utility room Westfield Road Dereham

3PL/2019/0048/F Anglian Water Services Ltd EAST TUDDENHAM Erection of 4 kiosks, surge Mattishall Satellite vessel, upgrade of existing Boreholeland off access and ancillary works on Church Lane land adjacent to Church Lane, East Tuddenham East Tuddenham, Dereham.

3PL/2019/0117/F Miss Nicola Ellis EAST TUDDENHAM Change existing mobile home Water Lilies for larger mobile home Rotten Row, East Tuddenham

3NM/2019/0025/NMA Andrew Taylor GARBOLDISHAM Amendments to 41 Smallworth 3PL/2018/1266/F - Garboldisham 1 Change Roof Pitch from 35 to 27 degrees 2 Change Roof form to rear kitchen projection 3 Remove Stepping to external wall on northwest corner 4 Remove rooflights and add window to north Elevation 5 Reduce size of living room

PLAGDEL (ODB-Ocella One Click Agenda) 325 and bedroom windows 6 Change wall external from brick to colour washes render

3PL/2019/0035/VAR Mr & Mrs C Howard Variation of Condition No 2 on Site Adjacent The 3PL/2018/0833/F (Conversion Old Bakehouse and extension of redundant Mill Chalk Road and Outbuilding to form single Gooderstone dwelling) - demolish existing clay lump stable block & rebuilt with cavity walls

3NM/2019/0024/NMA Mr Martin Day HARLING Amendment to 26 Taylor Drift (plot 3PL/2011/1071/F - change to 15) materials and fenestration (for East Harling full list of changes see application form)

3PL/2019/0179/VAR Dan Green Services Ltd HARLING Variation of Condition no 2 on Town Farm 3PL/2016/0917/F (Conversion Garboldisham Road of Agricutlural barn to Harling residential dwelling) - Escape windows to first floor, revision to entrance hall & layout & minor changes to ground floor windows

3NM/2019/0020/NMA Mr Michael Pavey LITCHAM Change to approved roof tiles to Glenshea Butt Lane 3PL/2018/0770/HOU - clay roof Litcham tiles instead of concerete

3PL/2019/0093/HOU Mr Warwick LITCHAM Proposed part single and part 23 Church Street two storey rear extension & Litcham porch to front

3PL/2019/0071/F Merton Parochial Church MERTON Replacing the lead on the nave Council Carole Haggett St Peters Church and north porch roofs in zinc, Access Road To installing a garden shed within Merton Hall the churchyard to incorporate Merton an accessible lavatory and creating a path from the south porch to the lavatory.

3PL/2019/0018/F Mr Stephen Olley MILEHAM Open span building for housing Burwood Hall The cattle. Street Mileham

PLAGDEL (ODB-Ocella One Click Agenda) 326 3PL/2019/0081/HOU Mr & Mrs M. Cottrell MILEHAM Proposed front and rear 22 Claxton Close extensions to dwelling Mileham

3PL/2018/1473/EU Rattlerow Farms Ltd MUNDFORD Existing use of property as a Quievek House dwelling (Lawful development Cranwich Road certificate) Mundford

3PL/2018/0977/F Fairfax & Favor Ltd Retrospective application for a Narford Hall Stables temporary change of use of C3 Complex Narford dwellinghouses to B1a office Road space; sui generis livery to B1c Narford packaging area; sui generis livery to B8 storage and distribution; sui generis livery to ancillary A1 showroom

3PL/2018/1408/F Mr Littlewood Change of use of premises to The Old Chapel dwelling house and first floor Chapel Street extension to the rear over the New Buckenham existing ground floor element

3PL/2018/1560/F Mr G Carter NORTH ELMHAM Convert the West range of an Silverstone Farm Off existing two storey barn and Heath Road single storey stable range to the North Elmham East into two separate units for use as a long term let and holiday let.

3PL/2019/0080/HOU Mr & Mrs Dillon OLD BUCKENHAM (i) Construction of a single Willow House storey rear extension (ii) along Mill Road Old with extending and converting a Buckenham loft space over an existing garage to form addition bedroom accommodation. (iii) Erection of a 2 bay cart lodge with non-habitable space over.

3PL/2018/1531/HOU Mr & Mrs R Featley Remove existing roof, raise and Robinia, Stoke Ferry re-pitch to create rooms in the Road, roof. Single story extension to Oxborough rear.

3PL/2019/0108/HOU Mr Charles Howard-Vyse OXBOROUGH Proposed two storey side 23 The Green extension Oxborough

PLAGDEL (ODB-Ocella One Click Agenda) 327 3PL/2018/0599/HOU Mr & Mrs M Kinton RIDDLESWORTH Single storey extension to main The Old School dwelling linked to existing studio House Hall Lane, and single storey extension to Riddlesworth studio.

3PL/2018/1495/F Mr Sergei Kouzmin ROUDHAM/LARLIN Use of the site for the purpose G of hot and cold food takeaways Catering Kiosk MG sales Mecca Roudham Road Roudham/ Larling

3NM/2019/0017/NMA Mr Adrian Clark Amendment to Development Plot 3PL/2018/0656/VAR (New Adjacent The dwelling) - Amendments to Homestead internal layout & changes to Scarning fenestration

3PL/2019/0078/HOU Mr & Mrs D. AMYS SHIPDHAM Demolition of garage, erection 17 Eastgate of side/rear extension, Shipdham rendering of front wall of bungalow finished cream

3PL/2019/0168/HOU R Paterson SHIPDHAM Garage extension and link to Blackmoor Farm main dwelling and erection of House Blackmoor front storm porch Row Shipdham

3PL/2018/1561/F Mr Andy Thornton SHROPHAM Erection of four traditional style The Gravel Pit Lakes shepherd huts, 6 bell tent Manor Farm Spong pitches, moveable bathroom Lane shepherd hut and communal Shropham gazebo structure

3PL/2019/0123/F McDonald's Restaurants Ltd SNETTERTON The installation of 2 no. digital Snetterton Park Customer Order Displays Heath Road, (COD) with associated Snetterton overhead Canopies, a playframe (E09-004) within the patio area and 1 no. new Goal Post height restrictor.

3PL/2019/0124/A MCDONALD'S SNETTERTON Installation of 7 fascia signs & 1 RESTAURANTS LTD Snetterton Park digital booth screen. Heath Road, Snetterton

PLAGDEL (ODB-Ocella One Click Agenda) 328 3PL/2019/0125/A MCDONALD'S SNETTERTON Installation of 8.no freestanding RESTAURANTS LTD Snetterton Park signs, 1.no side by side, 2.no Heath Road, banner units, 14,no signs & Snetterton playland logos

3PL/2019/0126/A MCDONALD'S SNETTERTON Installation of 2no. freestanding RESTAURANTS LTD Snetterton Park signs (12m & 6.5 totem poles) Heath Road, Snetterton

3PL/2019/0127/A MCDONALD'S SNETTERTON Alternative signage suite with RESTAURANTS LTD Snetterton Park digital signs., 4no. freestanding Heath Road, signs, 2no. banner units & Snetterton 14no. signs & 1no. playland sign

3PL/2019/0111/F Mr Mark F Miller Erection of a free-standing, Oxfootstone Granary ground mounted photovoltaic Brick Kiln Lane, array, remote from the listed South Lopham Granary building. This array to comprise two separate 4kw systems, one serving the Granary and the other serving a pair of holiday rental units (Piglet and Gosling Barns) which are within the curtilage of the Granary.

3NM/2019/0008/NMA Mr & Mrs MCGREGOR- STOW Non material amendment to SMITH BEDON/BRECKLES 3PL/2018/0972/HOU - update Hall to the windows within the roof & Rockland Road, one elevation. Stow Bedon

3PL/2019/0095/LB Mr & Mrs MCGREGOR- STOW amendment to SMITH BEDON/BRECKLES 3PL/2018/0973/LB - update to Stow Bedon Hall the windows within the roof & Rockland Road, one elevation. Stow Bedon

3PL/2018/1381/A The Works Stores Limited SWAFFHAM 1 no fascia sign (externally 40-42 Market Place illuminated) ,1 no projecting Swaffham sign and 3 window menus

3PL/2019/0030/VAR Glen House Estates Limited SWAFFHAM Variation of condition no. 4 on Development Plot 3PL/2017/0117/F, to include car Adj Unit 1 Tower sales (sui generis), in addition Meadows to Use Class B1 (excluding Swaffham B1a), B2, and B8.

PLAGDEL (ODB-Ocella One Click Agenda) 329 3PL/2019/0036/F Norse Commercial Services SWAFFHAM Reconfigure the site office Limited Site Office1 layout with new kitchen and Swaffham Splashes hygiene faciilities Traveller SiteCastle Acre Roa Swaffham

3PL/2019/0128/F Care of Michael Brewer THETFORD Change of use, and re- 4 Raymond Street configuration rooms on the Thetford ground and first floor from B & B to school boarding accommodation

3PL/2019/0129/LB Care of Michael Brewer THETFORD Change of use, and re- 4 Raymond Street configuration rooms on the Thetford ground and first floor from B & B to school boarding accommodation

3PL/2019/0174/F Mr A Rouf THETFORD Change of use of existing retail 10 King Street unit (A1) creating 3no. Thetford residential flats (C3) and 1no. retail unit (A1)(mixed use)

3PL/2018/1374/HOU Mr Christian Hayward WATTON New Garage Block with ground Stone Cottage floor Home Office and up stairs Watton Green Guest Room. Watton

3PL/2019/0151/HOU Mr & Mrs Lawlor WATTON Proposed Annexe 1 Loch Lane Watton

3PL/2018/1586/HOU Mr Martin Burrell WEETING Remove the external timber 20 Park View finish, install insulation and Weeting finish with light-weight silicone render to match with the neighbouring property.

3PL/2018/1530/F Mr John Wiseman WENDLING Change of Use of part of Dykewood Farm Agricultural workshop to joint Dykewood vehicle motor Beeston workshop/agricultural workshop (retrospective)

3PL/2019/0022/VAR Mrs Wendy Durrant Variation of Condition No 5 on Talbot House 3PL/2018/1112/VAR ( Erection London Street of five dwellings including two

PLAGDEL (ODB-Ocella One Click Agenda) 330 Whissonsett self-build dwellings) - removal of reference to cumulative floorspace

Prior Approval Refusal

3PN/2019/0003/UC Mr Allen GREAT Conversion of 1 x barn to form ELLINGHAM 1 x dwellinghouse Low Common Barn (Adjacent Low Common Cottages) Portwood Farm

3PN/2019/0005/UC Mr & Mrs Douglas ROCKLANDS Change of use of agricultural Magna Farm, building to 2 dwellings Magpie Lane (permitted development) Rockland St Peter

Refusal

3PL/2018/1362/F Mr & Mrs Lawrence ATTLEBOROUGH The demolition of an existing Point House, 1 garage and the erection of 1No. Besthorpe Road two-bedroomed bungalow with Attleborough associated parking facilities.

3PL/2019/0059/F Mr & Mrs COE Proposed New 4 Bedroom Green Farm property to plot adjacent to Road green farm Brisley

3PL/2019/0054/F Mr Sandy Hurrell DEREHAM Change of use of a current self 1A Girling Road contained annex to a single Dereham independent residential dwelling

3PL/2018/1577/O Meldongreen Limited HARLING Demolition of existing buildings Land to the rear of and the erection of up to 4 self- Middle Harling Farm build dwellings with associated West Harling Road parking, garages, access, Middle Harling servicing and landscaping

3PL/2019/0084/F Mr Stephen Denson HOCKHAM Proposed new detached 2

PLAGDEL (ODB-Ocella One Click Agenda) 331 Sherabu, Parliament storey dwelling Lane Great Hockham

PLAGDEL (ODB-Ocella One Click Agenda) 332 Agenda Item 12

APPEALS SUMMARY- APRIL 2019

3PL/2018/0755/O (Bramble Farm, Litcham Road, ) Demolition of existing agricultural building and erection of detached dwelling and garage (Outline).

DISMISSED

The Inspector considered that the main issues were (i) the location of the development and (ii) the effect on the character of the area (iii) Effect upon the living conditions of adjacent occupiers with regard noise and disturbance (iv) the effect on biodiversity. In terms of the location of the development whilst being in the countryside, the site was in close proximity to the villages of Gressenhall to the west and Beetley to the east. There was also a footpath directly opposite the site entrance, which leads to both villages. Whilst a new dwelling in the countryside would conflict with Policies SS1 and CP14 the site was in an accessible location. With regards impact on the character of the area the proposal would replace a currently disused agricultural building that is approximately 4m high. The Inspector concluded that a new house would be higher and more visibly prominent in its surroundings than the building it replaced and therefore contrary to Policy DC16. The Inspector found no conflict with regard to impact on amenity having regard to Policy DC1. In terms of impact on biodiversity the Inspector concluded that insufficient information had been submitted to establish the presence or absence of protected species. In terms of the overall planning balance the Inspector concluded that the adverse impacts of the development would significantly and demonstrably outweigh the modest benefits. The appeal was accordingly dismissed.

3PL/2018/0129/0 (3 Mill Lane, Whissonsett) Outline application for the erection of a dwelling.

DISMISSED

The Inspector considered the main issues were (i) the effect of the proposed development on the character and appearance of the area and, (ii) the location of the proposed development with regard to its access to services. In terms of impact on the character and appearance of the area the Inspector concluded that the proposal to erect a bungalow and associated hardstanding on the site would significantly detract from and harm the character and appearance of the area contrary to Policy DC16 of the Breckland Core Strategy and Development Control Policies 2009. In terms of the location of the development the site lies outside the development limits for Whissonsett and the proposal would not meet any criteria listed in Policy CP14 of the Core Strategy. Whisonsett has very limited services, facilities and public transport as do other nearby smaller settlements. The nearest larger villages with greater provision to support day to day needs are some distance away. The Inspector concluded that the proposal would not be a sustainable location with regards to access to services and would run contrary to the aims of the Framework in terms of reducing the need to travel. The appeal was accordingly dismissed.

3PL/2018/0456/0 Meadow Grange, 2 Meadow Lane, ( erection of a one and a half storey dwelling with detached cart lodge and associated landscaping)

333 ALLOWED

The main issues of consideration were (i) the effect of the proposal on the character and appearance of the area and (ii) whether the appeal site is a suitable location for a dwelling with particular regard to the settlement boundary and accessibility to services. In terms of impact on character and appearance the appeal site is located within North Lopham Conservation Area which is characterised by a loose pattern of development, with narrow streets, lined by a mix of traditional red brick cottages and larger houses. The Inspector considered that whilst the proposal would introduce built development into an area of green space, by reason of its relatively small size of the plot and its position to the side of the access driveway, the entrance way to the dwellings of Meadow Lane and important visual breaks between those dwellings and The Street would be maintained together with its open, spacious and semi-rural character. The Inspector didn’t consider that the proposal would appear unduly prominent or cramped and would not have an unduly harmful effect on the character and appearance of the surrounding area having regard to Policies CP11, DC1 and DC16 of the Core Strategy. In terms of the sites sustainable location. There is modest provision of services and facilities within the village, including a post office, shop, public house and village hall. The Inspector considered the appeal site to be a suitable location for a dwelling given the accessibility of the existing services and facilities in North Lopham. In weighing up the overall planning balance the Inspector considered that the limited harm arising from the Conflict with Policy DC2 and CP14, would not significantly and demonstrably outweigh the benefits of the proposal in terms of the appeal site being a relatively sustainable location and making a modest contributions to the supply of housing and the vitality of the rural community. Accordingly, the proposal benefits from the presumption in favour of sustainable development the appeal was accordingly allowed.

3PL/2018/0255/Ful Cotters, 60 Croxton Road, thetford ( Extension and conversion of existing house to create 2 dwellings and development in garden to provide a pair of semi detached dwellings)

ALLOWED

The council had no objection to the extension and conversion of the existing house to create two dwellings. The main issue is the effect of the pair of semi-detached dwellings on the character and appearance of the site and surrounding area with particular regard to the scale and the implications for existing planting. The new dwellings would take the form of a single building which would be positioned on that part of the garden where there is limited planting in the form of trees and shrubs, car parking provision would take the form of parking spaces which would not be under the canopies of the trees around the site edge. In terms of the size of the buildings and the provision of space around them in the form of amenity space, the development would not appear cramped or out of character with the site context. The Inspector noted that there were two groups of trees and hedges and one individual tree which could be affected by the development. The Inspector considered that given the proposed layout and root protection areas there would appear to be sufficient space on the site to enable effective tree protection measures to be provided to ensure the retention and long term health of this group of trees. The Inspector concluded that the pair of semi - detached dwellings would not have a harmful effect on the character and appearance of the

334 site and the surrounding area with particular regard to scale and the implications for existing planting. The Inspector had regard to resident objections and Thetford Town Council but had limited evidence to substantiate these concerns and he noted that the Highway Authority didn’t raise objection. The appeal was accordingly allowed.

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