BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 11-10-2010

Item Applicant Parish Reference No. No. 1 Dudgeon Offshore Wind Limited NECTON 3PL/2009/1188/O 2 Dudgeon Offshore Wind Limited NECTON 3PL/2009/1189/F 3 Mr T Walker 3PL/2010/0263/O 4 Mr & Mrs Kennaugh OVINGTON 3PL/2010/0403/F 5 Childerhouse Lodge Farms WEETING 3PL/2010/0805/F 6 Morways Developments 3PL/2010/0867/F 7 Wellesley Capital Investment L 3PL/2010/0889/LB 8 Wellesley Capital Investment L GARBOLDISHAM 3PL/2010/0890/F

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ITEM 1 REPORT TO COMMITTEE

REF NO: 3PL/2009/1188/O

Outline LOCATION: NECTON APPN TYPE: Land South of POLICY: Out Settlemnt Bndry bordering & to west of Dunham ALLOCATION: N Road CONS AREA: N APPLICANT: Dudgeon Offshore Wind Limited 45 Wellesbourne House Wellesbourne TPO: N

LB GRADE: N AGENT: Mr R Howard Royal Haskoning 4 Deans Yard

PROPOSAL: Construction & operation of a new electricity substation

CONSULTATIONS

RECOMMENDATION No recommendation made

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ITEM 2 REPORT TO COMMITTEE

REF NO: 3PL/2009/1189/F

Full LOCATION: NECTON APPN TYPE: Route between & Necton POLICY: Out Settlemnt Bndry

ALLOCATION: No Allocation

CONS AREA: N APPLICANT: Dudgeon Offshore Wind Limited 45 Wellesbourne House Wellesbourne TPO: N

LB GRADE: N AGENT: Mr R Howard Royal Haskoning 4 Deans Yard

PROPOSAL: A 45km buried cable system, between landfall at Weybourne Hope (North ) & Necton (Breckland) CONSULTATIONS

RECOMMENDATION No recommendation made

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ITEM 3 RECOMMENDATION : REFUSAL

REF NO: 3PL/2010/0263/O

Outline LOCATION: SWAFFHAM APPN TYPE: OS 0830 POLICY: Out Settlemnt Bndry Lynn Road ALLOCATION: No Allocation

CONS AREA: N APPLICANT: Mr T Walker Bramley Weasenham Road TPO: N

LB GRADE: N AGENT: Sturdivant Design Consultants Blackberry Cottage Cranworth

PROPOSAL: Residential development

KEY ISSUES 1. Policy 2. Local character

DESCRIPTION OF DEVELOPMENT Outline planning permission is sought for residential development. Indicative details submitted with the application indicate a total of 9 or 10 dwellings. Dwellings would be 2 storey and would range in size from 2-4 bedroom properties. A new access is proposed off Lynn Road to serve the development.

SITE AND LOCATION The application site is located on the western edge of Swaffham, outside the Settlement Boundary. The surrounding area is predominantly residential in character. The site comprises a triangular shaped parcel of land extending to 0.32 hectare. The site is currently unused and overgrown, and includes a number of trees.

RELEVANT SITE HISTORY Planning permission for the erection of 8 dwellings was refused in July 2003 on policy grounds.

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POLICY CONSIDERATIONS The following National Planning Guidance and/or Saved Policies of the Breckland Local Plan and those of the Adopted Core Strategy and Development Control Policies Development Plan Document have been taken into consideration in the determination of this application: PPS3: Housing PPS7: Sustainable Development in Rural Areas DC2: Principles of New Housing DC4: Affordable Housing Principles DC11: Open Space DC12: Trees and Landscape

CONSULTATIONS SWAFFHAM TOWN COUNCIL No Objection HIGHWAY AUTHORITY - has raised no objection to the application subject to conditions.

CONTAMINATED LAND OFFICER - has requested further information in the form of a contaminated land desk study.

NORFOLK POLICE - have expressed some concern about that the indicative site layout would make the development vulnerable to crime.

PLANNING POLICY OFFICER - has objected to the application on the grounds that it would conflict with national policy set out in PPS3 and PPS7.

TREE & COUNTRYSIDE OFFICER - has raised no objection to the proposal.

REPRESENTATIONS None

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ASSESSMENT NOTES * The application is referred to Development Control Committee as it is a major application * The application site is located outside the Settlement Boundary for Swaffham. The proposed development would, therefore, be contrary to national and local planning policies which generally seek to limit new housing outside defined settlements. The application site has not been considered for inclusion within the Settlement Boundary through the Council's Site Specifics DPD Consultation Draft. * Notwithstanding this conflict with countryside protection policy, the proposed development must also be assessed against national planning policy for housing. PPS 3 states that where a 5-year supply of deliverable housing land cannot be demonstrated, favourable consideration should be given to housing proposals if they address satisfactorily the criteria set out in PPS 3, particularly those contained in paragraph 69. These criteria relate to matters such as design quality, housing mix, environmental sustainability, the suitability of the site for housing and the effective use of land efficiently. Proposals are also required not to undermine wider policy objectives. * It is considered that the proposal would not perform particularly well when assessed against PPS3 criteria. Whilst the development would not conflict with the overall spatial vision for Swaffham (which envisaged some housing growth), it is considered that the site is not suitable for development of the scale currently envisaged if harm to the appearance of the area is to be avoided. The development would give the site an overly built up appearance which would be at odds with this edge of town location. Although an adjacent housing estate has been constructed to a relatively high density, this scheme is set back from the road behind open space, thus mitigating its visual impact. The layout of an approved (but not yet constructed) residential care home on adjacent land also incorporated extensive landscaping. It is not possible to assess fully the design quality of the scheme given the limited information provided. However, it is acknowledged that a range of house types are proposed, including affordable housing. No information has been submitted to demonstrate that the proposed development would be deliverable in the short-term. Given the shortcomings of the proposal, it is not considered that the proposal should benefit from favourable consideration under PPS3.

RECOMMENDATION Refusal of Outline Planning Permission

REASON(S) FOR REFUSAL

9900 Reason for refusal - Outside Settlement Boundary 9900 Reason for refusal - Harm to character and appearance

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ITEM 4 RECOMMENDATION : REFUSAL

REF NO: 3PL/2010/0403/F

Full LOCATION: OVINGTON APPN TYPE: The Old Mill House POLICY: Out Settlemnt Bndry Road ALLOCATION: No Allocation

CONS AREA: N APPLICANT: Mr & Mrs Kennaugh Old Mill House Carbrooke Road TPO: N

LB GRADE: N AGENT: Paul Took Planning 60 Neatherd Road

PROPOSAL: Conversion of stable block/ barn to new environmentally friendly dwelling inc. extension & access

KEY ISSUES 1. Principle of barn conversion 2. Highway safety 3. Impact on trees 4. Amenity

DESCRIPTION OF DEVELOPMENT This application seeks full planning permission to convert and extend a former stable block/barn to create a dwelling. The dwelling would comprise of single-storey accommodation, including three bedrooms and associated living accommodation. A new access would be created to the east of the site to serve both the new dwelling and the applicants' haulage business which has operated from the site since 1994. New parking bays for three lorries would also be constructed.

SITE AND LOCATION The site lies outside the Settlement Boundary for Ovington. The site lies to the east of the village, on Carbrooke Road. The 1.74 hectare site comprises the applicants' existing property, known as Mill House, gardens, the barn/stables subject to this application and the parking area for the HGVs.

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RELEVANT SITE HISTORY 3PL/1997/1147/CU - Parking of four lorries - Approved - 11th November 1997.

POLICY CONSIDERATIONS The following National Planning Guidance and/or Saved Policies of the Breckland Local Plan and those of the Adopted Core Strategy and Development Control Policies Development Plan Document have been taken into consideration in the determination of this application: PPS7: Sustainable Development in Rural Areas DC1: Protection of Amenity DC11: Open Space DC16: Design DC20: Conversion of Buildings in the Countryside

CONSULTATIONS OVINGTON P C No Objection HISTORIC BUILDINGS OFFICER - Objection on the grounds of the impact of the conversion on the character of the building and the extent of new build proposed. Concerns also raised that no evidence has been provided that the dwelling is eco-friendly.

TREE AND COUNTRYSIDE OFFICER - Concern raised that the scheme has the appearance of a new-build dwelling in the countryside. However, if permitted, compensatory provision for swallow nesting as detailed in the ecological report should be conditioned.

ENVIRONMENTAL HEALTH OFFICER - Awaiting comments.

HIGHWAYS AUTHORITY - Objection on the grounds of highway safety due to inadequate visibility splays being provided at the junction of the new access with Carbrooke Road.

HEALTH AND SAFETY EXECUTIVE - No objection.

REPRESENTATIONS No letters received to date.

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ASSESSMENT NOTES * The application is referred to Development Control Committee at the request of the Ward Representative. * The application seeks to change the use of a barn/stable on the site to a dwelling and create a new access to serve the dwelling and the relocated HGV lorry parking area. * Policy DC20 of the Breckland Core Strategy permits the conversion of rural buildings to residential subject to schemes satisfying a range of criteria. In this case, whilst it is accepted that the barn may not be suitable for commercial re-use due to its close proximity to the main dwelling, it is considered that the scale of the extension proposed and the level of alteration works required to facilitate its conversion would fail to accord with parts a and d of Policy DC20. * Furthermore, the Highway Authority has raised objection to the creation of the new site access on the grounds that it would be detrimental to highway safety due to inadequate visibility onto Carbrooke Road. * Whilst the creation of the new access would result in the removal of a number of trees, no objection has been raised by the Tree and Countryside Officer to this loss. * Notwithstanding that the new access would be created opposite the entrance to a neighbouring property, it is not considered that the residential amenities of this property would be significantly affected. * The application is, therefore, recommended for refusal on the grounds that the scheme would fail to fully accord with Policy DC20 and would cause detriment to highway safety.

RECOMMENDATION Refusal of Planning Permission

REASON(S) FOR REFUSAL

9900 DC20: Conversion of Buildings in thReason for refusal: DC20 9900 Extent of works tantamount to new dwelling in countryside 9455 Inadequate visiblity

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ITEM 5 RECOMMENDATION : REFUSAL

REF NO: 3PL/2010/0805/F

Full LOCATION: WEETING APPN TYPE: Field Barn POLICY: Out Settlemnt Bndry

ALLOCATION: No Allocation

CONS AREA: N APPLICANT: Childerhouse Lodge Farms Lynn Lodge Lynn Road TPO: N

LB GRADE: N AGENT: ADM Architectural Services Ltd Flint Cottage Road

PROPOSAL: Residential conversion of barn including rebuilding of bedroom annexe and a new stable/garage block

KEY ISSUES 1. Suitability of the building for conversion 2. Impact upon the Breckland SPA 3. Impact upon the character and appearance of the countryside 4. Impact upon neighbour amenity 5. Impact upon highway safety 6. Impact upon protected species

DESCRIPTION OF DEVELOPMENT The application seeks full planning permission for the residential conversion of an agricultural building, which includes an extension to the building to provide a "bedroom wing" and the erection of a detached building to provide stables, garaging and a farm office. The two new build elements of the proposal referred to above would necessitate the demolition of two existing agricultural buildings.

SITE AND LOCATION The site consists of three agricultural buildings; one of red brick construction and the other two constructed in blockwork and sheeting in a roughly rectangular plot. The site is accessed via a long unmade track which runs in a southerly direction away from the existing buildings. To the east is the only adjacent residential property, to the west is part of a woodland and to the north is open land.

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RELEVANT SITE HISTORY 3PL/2009/0392/F -14m Domestic Wind Turbine - Withdrawn. 3PL/2009/0956/EU - Use of Field Cottage as a Single Dwellinghouse (Cert of Lawfulness) - Approved. 3PL/2009/1038/F -14m Domestic Wind Turbine - Approved

POLICY CONSIDERATIONS The following National Planning Guidance and/or Saved Policies of the Breckland Local Plan and those of the Adopted Core Strategy and Development Control Policies Development Plan Document have been taken into consideration in the determination of this application: PPS1: Delivering Sustainable Development PPS3: Housing PPS7: Sustainable Development in Rural Areas PPS9: Biodiversity and Geological Conservation DC1: Protection of Amenity DC11: Open Space DC20: Conversion of Buildings in the Countryside CP10: Natural Environment Habitats Regulations

CONSULTATIONS WEETING P C No objection TREE & COUNTRYSIDE OFFICER - No objection subject to agreeing a lighting plan.

HISTORIC BUILDINGS OFFICER - Object. Concern at the level of new build proposed; the conversion should be restricted to the single 19th Century red brick barn.

HIGHWAY AUTHORITY - No objection.

ENVIRONMENT AGENCY - No comments received to date.

NATURAL - No objection.

RSPB - Not opposed to development in principle but concern regarding lack of evidence

NORFOLK LANDSCAPE ARCHAEOLOGY - No objection, subject to conditions.

REPRESENTATIONS None received.

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ASSESSMENT NOTES * The application is referred to Development Control Committee as the applicant is a Ward Representative. * The application proposes the residential conversion of an existing rural building and, as such, Policy DC20 of the Adopted Core Strategy directly applies. This advice is echoed in paragraph 17 of PPS7. These documents make provision for the conversion of rural buildings into residential dwellings where relevant criterion are met. * The following is an assessment of the specific details associated with this development. * Criterion A of DC20 requires the assessment of the proposal in relation to the impact upon the character and appearance of the rural landscape and requires it to make a positive contribution to the appearance of the locality. In this instance it is considered that the significant amount of new build, coupled with the inappropriate and overly fussy detailing used in the new build elements results in a scheme which fails to make a positive contribution to the locality. The Historic Buildings Officer agrees with this conclusion. * Criterion B of DC20 requires residential conversions to have reasonable access to local key services and facilities. In this instance the site is in an isolated location away from local services and facilities (Weeting is approx 2km away) and is only accessible by long unmade tracks. For this reason the site is considered to demonstrate poor sustainability credentials. * Criterion C of DC20 requires developments to have appropriate access to the highway network and for the local highway network to be capable of dealing with the demands of the development proposed. The Highway Authority has assessed the proposal and confirmed that they have no objection. * Criterion D of DC20 requires the building/s scheduled for residential conversion to be substantially intact and capable of conversion without significant extension or re-building. In this instance, it is evident, as demonstrated in the accompanying structural survey, that the red brick building is capable of conversion. However, the application proposes significant new building in the form of two new "wings" which are considered to be excessive and represent significant extension. This concern is notwithstanding the fact that two existing buildings are being demolished to facilitate these works. Policy DC20 specifically excludes the residential re-use of modern agricultural buildings of no aesthetic value; the existing buildings scheduled for demolition would be considered to be of no aesthetic value. * Given that the application proposes the residential conversion of rural buildings and the site is located within the SPA Buffer Zone, the applicant has provided a Biodiversity and EPS Survey and Report. This information and the application documents have been assessed by the Tree and Countryside Officer and Natural England who have concluded that they have no objections to the proposal. The RSPB have raised concerns regarding a lack of evidence in relation to the impact of the proposal on the SPA. * The applicant confirms that thought has been given to the possibility of alternative uses being sought for the buildings. The applicant's view is that, given the close proximity of the neighbouring dwelling, it is not considered appropriate to introduce a non-agricultural commercial user. Furthermore, the private track is owned in part by HM Government and a covenant restricts the use to either agricultural or residential. On balance, it is considered that it is not desirable to see an increase in vehicle movements to the site given the poor access links to the site and, as such, no further consideration into other uses is required. * In conclusion, it is considered that the site is in an unsustainable location and the scheme proposes an excessive amount of new build with inappropriate detailing and, as such, is recommended for refusal.

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RECOMMENDATION Refusal of Planning Permission

REASON(S) FOR REFUSAL

9900 Refusal: DC16: Inappropriate design 9900 Refusal: DC20: Excessive new build 9900 Refusal: PPS7: Unsustainable location

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ITEM 6 RECOMMENDATION : REFUSAL

REF NO: 3PL/2010/0867/F

Full LOCATION: CRANWORTH APPN TYPE: Barn D POLICY: Out Settlemnt Bndry Church Farm Barns ALLOCATION: No Allocation Woodrising CONS AREA: N APPLICANT: Morways Developments Millers House Old Station Yard TPO: N

LB GRADE: N AGENT: Adrian Morley Architectural De Kingsfold Watton Road

PROPOSAL: Minor Material Amendment on pp 3PL/2007/0727/F - Revised design

KEY ISSUES 1. Design 2. Impact on amenity of area

DESCRIPTION OF DEVELOPMENT The proposal seeks to vary condition 2 on planning permission 3PL/2007/0727/F, in respect of barn D, which requires the development to be in strict accordance with the approved plans. The revisions, part of which are retrospective, include:- Alteration to the roof of the main barn to include the addition of a large gable/dormer; Revised position of entrance including porch to south elevation; Enlarged extension; Internal alterations; and alterations to fenestration on all elevations

SITE AND LOCATION The site forms part of a group of former agricultural buildings which are located within a rural location at Woodrising, Cranworth. Two of the larger barns and outbuildings have been converted to 2 dwellings and are occupied. The remaining barns are currently under conversion. The original proposal related to linked buildings (mainly single storey) which have permission for conversion into one dwelling. It also included a small single storey extension to the front (west) of the building.

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RELEVANT SITE HISTORY Planning permission was granted in 2007 for the conversion of a group of agricultural buildings to 4 dwellings (Ref. 3PL/2007/0727). There have been several minor amendments to the approved scheme.

POLICY CONSIDERATIONS The following National Planning Guidance and/or Saved Policies of the Breckland Local Plan and those of the Adopted Core Strategy and Development Control Policies Development Plan Document have been taken into consideration in the determination of this application: DC16: Design DC20: Conversion of buildings in the countryside

CONSULTATIONS CRANWORTH P C Cranworth Parish Council have no comment or objection about the above planning application

REPRESENTATIONS None

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ASSESSMENT NOTES * The application is referred to the Development Control Committee at the request of the Ward Representative. * The application seeks to regularise significant unauthorised works, introduce a porch, alter fenestration details and increase an extension to an approved conversion of a barn. The proposed alterations to the window and door details and the enlargement of the approved ground floor addition are considered acceptable. The main issue relates to the addition of the gable/dormer window, in the western elevation and the introduction of a porch to the southern elevation. * Policy DC20 requires buildings proposed for conversion to be capable of conversion without significant extension. The important architectural or historic features and qualities of the building are required to be maintained. Furthermore Policy DC16 indicates that regard should be had to the distinctive features and qualities of the building and its surroundings and the contribution any development will make to these features or qualities. * The original proposal for the western roof slope provided for 3 small rooflights, maintaining the original profile and expanse of a clay pantile roof. The unauthorised works have introduced a large gable/dormer window to the main barn which creates an additional volume of over 80 cubic meters. It is 7.5m wide and has an overall height of 4.5m. * It is considered this addition creates an overly domestic and ungainly, bulky element to the roof which is out of keeping and detrimental to the rural character of the building and its setting. * The design and appearance of the porch is also overly domestic in character and increases the amount of domestic intervention within the former barn to an unacceptable level. * The proposal is considered whole inappropriate and contrary to policy. It is recommended for refusal and for appropriate enforcement action to be instigated.

RECOMMENDATION Refusal of Planning Permission

REASON(S) FOR REFUSAL

9900 Inappropriate design

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ITEM 7 RECOMMENDATION : APPROVAL

REF NO: 3PL/2010/0889/LB

Listed Build Consent LOCATION: GARBOLDISHAM APPN TYPE: The Fox Inn POLICY: In Settlemnt Bndry Harling Road ALLOCATION: No Allocation

CONS AREA: Y APPLICANT: Wellesley Capital Investment L C/O Agent TPO: N

LB GRADE: Grade II AGENT: JSA Planning Tavistock House Waltham Road

PROPOSAL: Refurbishment, conversion & extension of Public House to 3 no. self contained houses & 2 semi detached houses & works

KEY ISSUES Impact of the scheme on the grade II Listed Building.

DESCRIPTION OF DEVELOPMENT This application seeks Listed Building Consent to carry out refurbishment, conversion and extension works to the former Fox Inn Public House and to create five dwellings on the site. The scheme would comprise three houses, served by private courtyards and a shared parking area accessed off Harling Road, within the existing building together with two two-bedroom semi- detached houses to be constructed on land to the east of the site, with private gardens to the rear and parking served off the A1066.

SITE AND LOCATION The site lies within the Conservation Area and Settlement Boundary of Garboldisham. The Fox Inn Public House has been vacant for approximately 3 years, since February 2007. The site lies in a prominent position, on the corner of Harling Road with the A1066 (Diss Road). The former pub is a grade II Listed Building situated in the centre of the village.

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RELEVANT SITE HISTORY

3PL/1990/0166/F - Full Planning Permission for an extension of the public house car park - Approved on 23rd May 1990. 3PL/1990/0911/LB - Listed Building Consent for the construction of an entrance porch and conservatory - Approved on 21st August 1990. 3PL/1990/1109/F - Full Planning for the construction of an entrance porch and conservatory - Approved on 14th September 1990. 3PL/1999/1041/LB - Listed Building Consent for the demolition and rebuilding of fire damaged chimney stack - Approved on 29th September 1999.

POLICY CONSIDERATIONS The following National Planning Guidance and/or Saved Policies of the Breckland Local Plan and those of the Adopted Core Strategy and Development Control Policies Development Plan Document have been taken into consideration in the determination of this application: PPS1: Delivering Sustainable Development PPS5: Planning for the Historic Environment DC17: Historic Environment

CONSULTATIONS GARBOLDISHAM P C NO REPLY AS 24TH SEPTEMBER, 2010 HISTORIC BUILDINGS OFFICER - No objection subject to conditions in respect of the submission of a schedule of works and the dormers proposed to the new build dwellings being significantly reduced.

REPRESENTATIONS Numerous letters of objection have been received from local residents in relation to this Listed Building application and the full planning application on the grounds of:- * the loss of the village pub/key local service; * impact on highway safety; * site has been left to fall into disrepair to make it unattractive to potential tenants; impact of the scheme on both the Listed Building and wider Conservation Area; * poor design combined with prominence of site detracting from the character of the area; * overdevelopment of the site; * dismissal of campaign by local residents to purchase the pub and run it as a community enterprise; * and the impact of the loss of the public house on the local economy.

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ASSESSMENT NOTES * This application is referred to Development Control Committee due to the sensitive nature of the proposal. * The application seeks Listed Building Consent to carry out refurbishment, conversion and extension works to a grade II Listed public house known as the Fox Inn in Garboldisham. Two semi-detached dwellings would also be constructed in the grounds of the former public house. * Objections have been raised by local residents on the grounds that the scheme would result in the loss of a key local service and would impact on the setting of the building on site which is grade II Listed. * Notwithstanding those objections, given that this is a Listed Building application, the matters for consideration, as required by Section 66 of the Planning (Listed Building and Conservation Area) Act 1990, relate to the desirability of preserving the building or its setting or any features of special architectural or historic interest. * In this case, no objection has been raised by the Historic Buildings Officer subject to the applicant submitting a detailed schedule of works and making amendments to the design of dormer windows on the new build units. These matters can be adequately dealt with by the imposition of conditions. * The scheme is, therefore, considered to be in accordance with Policy DC17 of the Breckland Core Strategy and PPS5 and is recommended for approval.

RECOMMENDATION Listed Building Consent

CONDITIONS

3009 Listed Building Consent - Time Limit (3 years) 3046 In accordance with submitted plans 3150 Schedule of works required 3998 NOTE: Reasons for Approval 4000 Variation of approved plans 3996 Note - Discharge of Conditions

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ITEM 8 RECOMMENDATION : REFUSAL

REF NO: 3PL/2010/0890/F

Full LOCATION: GARBOLDISHAM APPN TYPE: The Fox Inn POLICY: In Settlemnt Bndry Harling Road ALLOCATION: No Allocation

CONS AREA: Y APPLICANT: Wellesley Capital Investment L C/O Agent TPO: N

LB GRADE: Grade II AGENT: JSA Planning Tavistock House Waltham Road

PROPOSAL: Refurbishment, conversion & extension of Public House to 3 no. self contained houses & 2 semi detached houses & works

KEY ISSUES 1. Policy 2. Amenity 3. Highway safety 4. Impact on Listed Building 5. Loss of key local facility

DESCRIPTION OF DEVELOPMENT This application seeks full planning permission to carry out works to the existing Grade II Listed Public House known as The Fox Inn to create three dwelling with access and parking off the Harling Road. A communal area of amenity space is to be provided to the occupiers in the north eastern corner of the site. A further pair of semi detached dwellings is also proposed to be erected immediately east of the principal building following the demolition of a more recent and unsympathetic single storey rear extension. The two-bedroom semi-detached houses, which will have attached single garages and private gardens, will be accessed off the main Diss Road.

SITE AND LOCATION The site lies within the Conservation Area and Settlement Boundary of Garboldisham. The Fox Inn Public House has been vacant for approximately 3 years, since February 2007. The site lies in a prominent position, on the corner of Harling Road with the A1066 (Diss Road). The former pub is a grade II Listed Building situated in the centre of the village.

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RELEVANT SITE HISTORY 3PL/1990/0166/F - Full Planning Permission for an extension of the public house car park - Approved on 23rd May 1990. 3PL/1990/0911/LB - Listed Building Consent for the construction of an entrance porch and conservatory - Approved on 21st August 1990. 3PL/1990/1109/F - Full Planning for the construction of an entrance porch and conservatory - Approved on 14th September 1990. 3PL/1999/1041/LB - Listed Building Consent for the demolition and rebuilding of fire damaged chimney stack - Approved on 29th September 1999.

POLICY CONSIDERATIONS The following National Planning Guidance and/or Saved Policies of the Breckland Local Plan and those of the Adopted Core Strategy and Development Control Policies Development Plan Document have been taken into consideration in the determination of this application:

PPS1: Delivering Sustainable Development PPS5: Planning for the Historic Environment PPS7: Sustainable Development in Rural Areas DC1: Protection of Amenity DC2: Principles of New Housing DC4: Affordable Housing Principles DC16: Design DC17: Historic Environment DC18: Community Facilities, Recreation and Leisure CP14: Sustainable Rural Communities

CONSULTATIONS GARBOLDISHAM P C COMMENTS TO BE REPORTED VERBALLY AT THE MEETING HIGHWAYS AUTHORITY - No objections

ENVIRONMENTAL HEALTH OFFICER - No objections

ENVIRONMENTAL POLICY OFFICER - Objection on loss of key facility and lack of affordable housing

HISTORIC BUILDINGS OFFICER - No objection - dormers to be reduced - condition

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REPRESENTATIONS This application has raised significant levels of concern from the local community. The objections received primarily relate to the loss of this key local facility. Other concerns raised to date relate to: * Highway safety due to the proximity of the site onto the road junction and that a number of accidents have already resulted in the highway in the immediate area; * The loss would impact on local tourism and facilities; * Poor design of the new houses; * Harm to the special character of the Listing Building and character of the Conservation Area; * Overdevelopment of the site and impact upon drainage; * An archaeological survey should be requested; * That approaches to purchase the public house have been rebuffed

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ASSESSMENT NOTES * This application is referred to the Development Control Committee due to its local sensitivity * The application seeks full planning permission to carry out works to the Listed Building to provide a terrace of three dwellings and to construct two semi detached dwellings within its curtilage. * The site lies within the village Settlement Boundary where the principle of new dwellings is generally acceptable. In terms of siting, scale and design the pair of new semi detached dwelling units are considered to be acceptable and in terms of their impact upon the setting of the Listed Building are considered appropriate by the Historic Buildings Officer. * No objection has been received to the proposal by the Highways Authority subject to minor revisions being made with regard to the works to the Listed Building. Again the Historic Buildings Officer has raised no concerns subject to conditions. * The proposal, in terms of detail, is considered to be in accordance with Policies DC1, DC2 and DC16 of the Core Strategy and complies with the requirements of S.72 of the (Planning, Listed Buildings and Conservation Areas) Act 1990 both preserving and enhancing the character and appearance of the Conservation Area. It is also considered to comply with Section 66 of that Act in terms of having regard to the special architectural and historic interest of the principal building. * The principal issues in determining this matter, therefore, rests with the loss of a key local facility and the provision of affordable housing. Planning Policy Statements 1 and 7 support community cohesion including accessibility to services and facilities to include the retention of local facilities. Policy CP14 of the Core Strategy defines a public house as being a key local service which should be protected from development pressures, whilst DC18 further clarifies how such protection should be considered and assessed. It advises that such losses will not be allowed unless: (a) adequate alternative provision is made within or adjacent to the settlement or provided as part of the development, (b) all reasonable efforts have been made to retain the facility/service but it is no longer considered viable, and (c) the service or facility is in an inherently unsustainable location and re-use would be a more sustainable solution. * In this instance criterion (a) is not relevant given that no alternative is available locally or another offered nor is criterion (c) given that the public house is not situated in a location remote from the village and sits in a prominent position on the B1066 - Diss Road where there are opportunities to attract passing trade. * The key test, therefore ,rests with criterion (b). On balance it is considered that the applicant has undertaken a full marketing campaign in excess of 12 months on the basis of freehold and leasehold sale (20 year lease). 39 viewings resulted with ultimately a number of offers being made. These are all advised as having been too low or due to the inability to raise the necessary capital. * The Core Strategy refers to "a reasonable price - commensurate with the value of the unit". All offers appear to have been well below the asking price which is stated to be partially due to the significant capital investment required to bring the building up to an acceptable operational standard. The supporting information refers to an asking price in excess of £300,000 but there is no information or assessment of whether this is reasonable in light of refurbishment costs. Full details of the "below market value" offers have furthermore not been provided for scrutiny. * It is also relevant that there has been a high profile community campaign in the village to acquire and run The Fox as a community based public house. * On the basis of lack of detail on "reasonable price" and absence of dialogue with the community

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on its offers, it is considered that the application fails criterion (b). * Policy DC4 requires an affordable contribution for developments of new housing of 5 or more units or on sites of 0.17 ha or more. The applicants claim that this application proposes a net gain of only 4 dwellings based on the existing residential accommodation within the public house. This accommodation is tied to the public house and cannot be considered as market housing under the policy and therefore the scheme effectively is for 5 new market housing units which should attract a contribution of 40% towards affordable provision. * In addition, whilst the site area is 0.15 ha, account needs to be taken of the wider site in the same ownership. Therefore, in view of a wider contiguous site of more than 0.17 ha being available, an affordable housing contribution is required. * The proposal is, therefore, contrary to Policies DC18 and DC4 of the Core Strategy.

RECOMMENDATION Refusal of Planning Permission

REASON(S) FOR REFUSAL

9900 Refusal: DC18: Protection of Key Services 9900 Refusal: DC4: Affordable Housing

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