PLANNING COMMITTEE - 18Th December 2017

BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

Item Applicant Parish Reference No. No.

1 Orbit Homes (2020) Limited DEREHAM 3PL/2016/1397/F 2 Mr T. H. Atkins NORTH LOPHAM 3PL/2017/0943/F 3 Arpels Development Ltd GREAT ELLINGHAM 3PL/2017/1055/O 4 Stapleford Thetford Limited THETFORD 3PL/2017/0840/O 5 Mr Robert Childerhouse WEETING 3PL/2017/1285/O 6 Ms Sarah Mennell HILBOROUGH 3PL/2017/1104/F 7 Mr & Mrs Bertram KEMPSTONE 3PL/2017/1157/F 8 Mr Dave Greenwood WHINBURGH&WESTFIELD 3PL/2017/1162/O 9 Fransham Farm Co. Ltd FRANSHAM 3PL/2017/1200/F 10 Mr Angus Pearson NORTH ELMHAM 3PL/2017/0759/F 11 Pegasus Profiles Ltd. THETFORD 3PL/2017/0607/F 12 C/O Agent NORTH ELMHAM 3PL/2017/0863/D 13 AC Williamson & Son NECTON 3PL/2017/0992/O

PLAGAPP (ODB-Ocella One Click Agenda) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

ITEM: 1 RECOMMENDATION: APPROVAL REF NO: 3PL/2016/1397/F CASE OFFICER Debi Sherman

LOCATION: DEREHAM APPNTYPE: Full Land at Greenfields Road POLICY: In Settlemnt Bndry ALLOCATION: N CONS AREA: N

APPLICANT: Orbit Homes (2020) Limited LB GRADE: N Orbit House Garden Court AGENT: EJW Planning Limited TPO: Y Lincoln Barn Norwich Road PROPOSAL: 284 dwellings comprising 6 five-bedroom houses, 85 four-bedroom houses, 100 three- bedroom houses 75 two-bedroom houses, 4 two-bedroom bungalows, 2 one-bedroom bungalows and 12 one-bedroom flats together with associated access, pedestrian and cycle links, landscaping and open space.

DEFERRED REASON The application was deferred at the meeting on the 8th May 2017 in order to provide more information in relation to Adopted Core Strategy Policy DC11. Further the application was withdrawn from the agenda at the request of the applicant from the agenda on 31st July 2017 in order to undertake a viability assessment to support the affordable housing offer.

DESCRIPTION OF DEVELOPMENT -

The application has been amended as follows -

-reduction in overall number of units from 285 no. to 284 no. dwellings - reduction in number of four bedroom houses from 87 no. to 85 no. of units - reduction in number of three bedroom house from113 no. to 100 no. of units - increase in two bedroom houses from 73no. to 75no. of units - introduction of 12no. one bedroom flats

This results in a proposal of 284 dwellings comprising 6 five-bedroom houses, 85 four-bedroom houses, 100 three- bedroom houses, 75 two-bedroom houses, 4 two-bedroom bungalows, 2 one-bedroom bungalows and 12 one-bedroom flats together with associated access, pedestrian and cycle links, landscaping and open space.

The changes in the dwelling mix have resulted in changes in the layout of the development including an increase in the overall provision of open space on site from 2.2 hectares to 2.8 hectares.

ADDITIONAL CONSULTATION REPSONSES -

DEREHAM TOWN COUNCIL - With reference to a letter from the applicant's agent dated 26th June 2017. The applicant confirms that the development should provide 17,340

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 m2 of Outdoor Playing Space. DC11 clearly states that Outdoor Playing space should be made of a minimum of 2 LEAPs of combined area of 5,780m2 and an area for sports totalling 11,560m2. I still have not seen the details of an area for sports totalling 11,560m2. The reason a football pitch has been mentioned is that a football pitch can be around 8,000m2 i.e. a football pitch could comfortably fit inside the area for sports required under DC11. So the applicant has absolutely not demonstrated that they have provided in excess of the requirements of DC11. I think it would be slippery slope if a MUGA is accepted in lieu of actual land. With regard to the provision of the MUGA close to residential properties, the agent states that it will be located 35m from the boundary of the nearest dwelling. Does this refer to the boundary of the dwelling or the facade of the dwelling. If you refer to the FIT guidance it clearly differentiates between the facade and the boundary. I believe the applicant may be confused on this matter and are measuring to the Facade rather than the boundary, can they show the distance to the boundary of the dwelling and the distance to the facade of the dwelling? As I have said before I have raised the issue of DC11 at every meeting I have had with the applicant, they have proceeded thinking that they know a smart trick to get round DC11 - DC11 is very clear, on this application there needs to be an outdoor sports area totalling 11,560m2 and 2 LEAPs totalling 5,780m2. It goes without saying that these areas should not be located in surface water attenuation basins.

DC11 clearly states that developers should provide Outdoor Play space, this is broken down into Outdoor Sports and Childrens Play Space. County all open space is clearly wrong. DC11 is built on Breckland Open Spaces Assessment, the definitions in the OSA are derived from the Companion Guide to PPG17. I have attached the Typologies from PPG17, this clearly demonstrates to me that all pieces of open space should not be counted towards Outdoor Play Space. Although PPGs are no longer planning documents people tend to refer to PPG17 and its companion for Typologies in the absence of any other official guidance. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/7660/156780.pdf The Current PPG states that Authorities and developers may refer to Sport Englands guidance to assess the need for sports and recreation facilities Sport Englands Assessing needs and opportunities guide for indoor and outdoor sports facilities aims in part to replace PPG 17. It its introduction Sport Englands guidance states that it is important to note that the guide focuses on the needs for formal sports and recreation activities and the sports facilities required to meet these needs. the guide is not intended to be used for assessing play, informal activities and wider open spaces. https://www.sportengland.org/media/3599/20140722-anog- published.pdf The ACD report produced for the Orbit homes has not used either PPG guidance or Sport Englands Guidance it is therefore questionable what value can be placed on its conclusions if ACD have not followed a standardised approach

HIGHWAYS ENGLAND - No objection

HISTORIC ENVIRONMENT SERVICE - No additional comments

RAMBLERS ASSOCIATION - No additional comment, but earlier comments remain.

NATURAL ENGLAND - The proposed amendments to the original application are unlikely to have significantly different impacts on the natural environment than the original proposal

CRIME REDUCTION & ARCHITECTURAL LIASION OFFICER - Overall the layout is acceptable to Secured by Design criteria however it will be very important to ensure that all rear boundaries are adequately protected using 1.8m high fencing with lockable gates to the same height. Surveillance overall is quite good with an acceptable level of natural surveillance potential. The areas of concern are the limited surveillance potential of the rear parking courtyards. To increase

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 natural surveillance it is recommended that the surveillance through the rear and side fencing features either hit and miss panels or solid panels with vision splays inserted.

SPORT ENGLAND- The proposed development does not fall within either our statutory remit (Statutory Instrument 2015/595), or non-statutory remit (National Planning Policy Guidance (PPG) Par. 003 Ref. ID: 37-003-20140306), therefore Sport England has not provided a detailed response in this case but advise that consideration should be given to the recommendations and priorities set out in any approved Playing Pitch Strategy or Built Sports Facility Strategy that the local authority may have in place.

LEAD LOCAL FLOOD AUTHORITY - No additional comments to make.

CONTAMINATED LAND OFFICER - No additional comments to make.

ENVIRONMENTAL HEALTH - No objections subject to conditions regarding the siting of the MUGA adhering to the FIT guidelines, and controls over lighting, noise and anti-social behaviour.

PUBLIC RIGHTS OF WAY - It is noted that the applicant has made the concession to provide sufficient space to respect the widths of the claimed routes, which are subject to a Public Inquiry, in order for this not to affect the outcome of the Planning process, that is accepted. There is also included a pedestrian link from the claimed Restricted Byways in the bridge area to link into the central green space. It appears that the links through the green space will be pedestrian/cycle use, however it would be useful to have details on the intended status, surface, and future upkeep plans for these. It is not essential for this central area to have routes up to Restricted Byway standard but in order to cater for cycles we consider the proposed link might be a bit narrow and convoluted. Our main concern remains that the claimed routes still lie outside the development and as such will not be attractive or user friendly. Although we appreciate that the applicant is keen to avoid delays waiting for the results of the Public Inquiry, we consider the routes would be much better, safer and more attractive to use, if they were integrated into the development. The integration of these routes would enhance the commuter travel and recreational benefits of the routes and demonstrate that the applicant is committed to providing a good Green Infrastructure. We would consider that permission should be deferred until the outcome of the Public Inquiry regarding the claimed routes is known and the routes diverted if necessary, to be incorporated into the development. It is also noted that the proposals suggest bollards to prevent vehicular access onto Cherry Lane. While we have no objection in principle the bollard height and spacing will need careful consideration as the status of Restricted Byway does allow for horse and cart use which must therefore legally be accommodated.

REPRESENTATIONS -

An additional 64 letters of objection have been received in relation to the development proposal. The majority of issues raised in these additional letters have already been identified in the main report and this updated report. Additional issues relate to:

- Position of the proposed MUGA in relation to existing properties - Temporary foul sewerage storage unacceptable - Traffic calming measures excessive and cause noise and disturbance - Development does not comply with DC11 of the Council's Local Plan - Alterations to layout adjacent to Wheatcroft Way do not achieved improvement - Dwellings adjacent to Wheatcroft Way not in keeping with the character of that area -One bed flats do not address needs of the area - Insufficient evidence to prove not financially viable with higher open space provision

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

- Inadequate play space for flats - Reduction in one unit inadequate and density still unacceptable - Position of MUGA unacceptable, need a Health Impact Assessment to assess benefits of provision over potential for noise and anti-social behaviour resulting from use

Ward Councillor A Webb - Disappointed the number of units not reduced further, sacrificing space that allows for healthy living for a more dense development. No objections to the development but at lower numbers so it is compliant with statutory requirements to create a sustainable development.

Ward Councillor W Richmond - Request a pedestrian crossing on Crown Road for students of Neatherd High School and Dereham Sixth Form College. Should extend double yellow lines near to the Norwich Road junction also.

ASSESSMENT NOTES -

Update to Five Year Housing Land Supply

Following the application's first being presented to Members, the Council has revised its position in relation to it Five Year Housing Land Supply. Paragraph 47 of the NPPF states 'housing applications should be considered in the context of sustainable development. Relevant policies for the supply of housing should not be considered up to date if the local planning authority cannot demonstrate a five year supply of deliverable housing sites'. As the Council can no longer demonstrate an up to date five year housing land supply, policies SS1, DC02 and CP14 can not be given due weight in the decision making process. The application is therefore assessed against the benefits provided in relation to the sustainable development tests as set out in the NPPF.

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. Paragraph 8 of the NPPF also stresses that these roles should not be undertaken in isolation because they are mutually dependent; therefore a balanced assessment against these three roles is required.

This site is an allocated site adjacent to the existing settlement boundary for Dereham and is considered to represent sustainable development.

Affordable Housing Provision and Viability

The changes to the dwelling mix were in response to comments from the Strategic Housing Service whereby there was a reduced need for affordable three bedroom properties and an identified need for smaller dwelling units, hence the inclusion of one bedroom flats.

The viability assessment produced by the applicant has been assessed and corroborated by the District

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

Valuer (DV). The conclusions that the scheme is not viable above the provision of 25% has been confirmed by the DV and no objections are raised on this basis.

Compliance with DC11 of the Adopted Core Strategy

The scheme has been revised and the layout altered to facilitate an increase in the quantum of open space on site.

Information has been submitted to illustrate the extent of the various elements of the proposed play spaces. Further to this, Officers have examined the requirements of the Open Space policy DC11 in context of the Council's Open Space Assessment (OSA) 2015 and the guidance set out the Fields in Trust (FIT) document 'Beyond the Six Acre Standard' October 2015.

The updated FIT standards refer to the need for formal outdoor space and informal recreational space. It makes specific reference to the dual use of features such as SuDS and the value they have in delivering recreational benefits by using attenuation and storage areas as play and sports areas. Reference is also made to facilities such as Multi-Use Games Areas (MUGA), acknowledging that relaxing quantum guidelines where facilities such as MUGAs are provided can be justified because they support a high intensity of usage.

The scheme now provides for 18,026 sq m of unencumbered public open space including outdoor sports provision. This excludes 3,455 sq m of open space containing flood alleviation measures and land with an area of 6,645 sqm that would contain the noise attenuation bunds. If the requirements for public open space are calculated as set out in DC11 16,920 sq m is required and if the 2015 Open Space Assessment is followed the requirement would be calculated at 18,048 sq m. The provision can now be met.

In addition to which the scheme now incorporates a full size MUGA (40m x 20m) as set out in the FIT Guidelines. The value of the MUGA can be doubled according to the FIT guidance as it can be used on a more intensive basis throughout the year. This being the case, the quantum of public open space would increase to 19,626 sq m, exceeding the Council's requirements.

The proposed scheme, as set out Section 5 of the main report provides levels of open space within the development that are considered acceptable. Revisions have been made to the layout that improve the quality of formal play and sport provision on site, which exceeds the requirements of DC11 by providing a Local Area Playspace (LAP) as well as two LEAPs and the MUGA. Further detailed information has also been submitted which provides more detail in terms of the quality of the facilities provided which is considered to confirm that in qualitative terms the formal play and sports area would add value to the development. Concerns have been raised by the Town Council regarding the location of the facilities,particularly the MUGA but it has been confirmed that their location meets the FIT guidance of 30m away from nearby properties.

It is worthy of note that the scheme allows for a direct footpath link between the footpath to the south of the A47 directly to Dereham Windmill. This is a valuable improvement to the green infrastructure network in the locality.

The revisions to the scheme have identified that the requirements of DC11 are met and indeed exceeded. There are no objections on this basis.

Foul Water Drainage

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

The agent has clarified that there would not be any changes to the foul drainage arrangements for any existing properties in the vicinity of the site. New arrangements would come forward as part of the planned improvements by Anglian Water Services that are due to be completed by the end of 2018.

Surface Water Drainage

The proposed surface water drainage features are designed to take water from flood events of 1 in 100 years with 40% allowance for climate change. It is considered that 1 in 1 year events are unlikely to discharge into the storage areas (detention basins) but heavier rainfall will overflow into the storage areas for short periods.

Highway Matters

No objections have been raised to the proposed traffic calming measures subject to proposed conditions. Details have been provided of the proposed bollards on Cherry Lane.

Public Rights of Way

Concerns have been expressed regarding the potential impact of the proposed bunds on the existing public right of way on the southern boundary. The Public Rights of Way (PROW) Officer notes that the PROW remains outside the application site and requests that the application is deferred pending the outcome of the impending PROW Inquiry as it considered more appropriate the PROW is incorporated into the scheme. The proposed green infrastructure associated with the development would link into and bolster the existing PROW network surrounding the site, supporting and facilitating its use. It is not therefore considered necessary or reasonable to delay a decision on the a planning application on this basis.

Changes to the layout plan

The changes to the layout plan, particularly in the Northern section of the site where 2no. block of two storey maisonettes have been introduced have resulted in improvements to the layout of this section of the site with increased open space provision. The overall density on site is 29 dwelling per hectare (dph) which falls well below the appropriate density levels (40 dph in urban areas) set out in Policy DC2 of the Adopted Core Strategy.

Concerns have been raised regarding the enlarging of the MUGA and its siting, particularly in relation to distances to adjacent dwellings. The FIT guidance references a distance of 30m as being appropriate, which is achieved to all affected facades of existing and new properties. It is acknowledged that the rear gardens of existing properties on Blackberry Close would fall within that 30m distance but it should be acknowledged that there is a substantial mature hedgerow intervening between the site and the rear gardens of these properties and a public right of way is currently located immediately adjacent those same rear garden boundaries which are publicly accessible at any time. There are no proposals to provide artificial lighting and surfacing would the subject of separate approval to ensure that impacts of use can be further mitigated. On this basis, it is considered that the wider benefits of providing the MUGA outweigh the limited potential for noise and disturbance associated with its use. At the time of writing this report, options are being explored regarding measures to actively manage it use to ensure that unreasonable noise and disturbance can be controlled.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

Conclusion

The scheme has been subject to further negotiations and revisions to both clarify matters and improve the layout of the proposed development. On balance, taking all matters into account the scheme is considered to represent an appropriate development of this site taking into account its physical restrictions and the benefits in terms of affordable housing provision, green infrastructure provision and contribution to overall housing delivery.

RECOMMENDATION

Resolve to GRANT planning permission subject to the completion of a S106 legal agreement and conditions.

The S106 to include -

- Affordable housing 25% - Education Contribution - Libraries Contribution - Primary Healthcare Contribution - Travel plan monitoring contribution - Management and maintenance of Public Open Spaces

Delegated authority to the Executive Director of Place to REFUSE planning permission if the S016 agreement is NOT completed within 3 months of the date of the Resolution to Grant planning permission

THE MAIN REPORT IS SET OUT BELOW AS PREVIOUSLY PRESENTED TO COMMITTEE WITH UPDATED CONDITIONS LOCATED AT THE END OF THE REPORT

REASON FOR COMMITTEE CONSIDERATION The application is referred to Committee as a major development proposal.

KEY ISSUES Principle of development and policy matters. Local character, amenity and trees. Access. Ecology. Other matters

DESCRIPTION OF DEVELOPMENT Full planning permission is sought for 285 dwellings comprising 6 x 5-bedroom houses, 87 x 4-bedroom houses, 113 -three bedroom houses, 73 x 2 bedroom houses, 4 x 2 bedroom bungalows and 2 x 1 bedroom bungalows together with associated access, pedestrian and cycle links, landscaping and open space on 12.32 hectares of land to the south of Greenfields Road, in Dereham.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

The proposed houses would be accessed via new accesses formed off Greenfields Road and Wheatcroft Road.

The application is supported by a number of documents and technical reports, including a Design and Access Statement, Phase 1 Habitat Survey, Overview of Existing Open Space and Play Facilities, Arboricultural Impact Assessment, Transport Assessment, Ecological Assessment, Landscape and Visual Impact Assessment, Flood Risk Assessment, Foul Water Strategy Report and Heritage Assessment.

SITE AND LOCATION The application site is located to the eastern side of Dereham town centre between Greenfields Road and the A47.

The site is south of the Grade II listed Dereham Windmill and is bounded by Wheatcroft Way to the east and Greenfields Road to the west. It is currently laid to grass with mature hedgerows on the majority of site boundaries with the exception of those shared with existing dwellings.

EIA REQUIRED No

RELEVANT SITE HISTORY 3/PL/2011/0898/O - Construction of 220 homes with associated landscaping and infrastructure, approved 16th May 2014

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.08 Natural Resources CP.10 Natural Environment 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.16 Design

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

PPS01 Delivering Sustainable Development PPS03 Housing NPPF With particular reference to paragraphs 14, 17, 24, 26, 27, 32, 34, 35, 49, 103 & 118 NPPG National Planning Practise Guidance

'Manual for Streets' 2007

Dereham Draft Neighbourhood Plan, (Draft only - given the stage it is at it is considered to carry no weight).

Preferred Site Options and Settlement Boundaries consultation document September 2016

OBLIGATIONS/CIL Provision of 25% affordable housing. Contributions towards education, libraries, primary health care.

CONSULTATIONS

AIR QUALITY OFFICER Needs to refer to the Transport Assessment DEREHAM T C Issues and concerns raised regarding - - density and number of units - fragmentation and usability of open space - on-going maintenance of open space - potential PROW adjacent to Cherry Lane - reliance on permeable paving as part of SuDS, frequency of use of the detention basins and value to the open space provision within the site - concerns regarding the walking and cycling audit undertaken and the value of the measures proposed - concerns about the impact of the development on the existing highway network, (Tavern Lane) and the value of undertaking improvement works could have to alleviate existing difficulties ENVIRONMENT AGENCY No objections subject to comments from the LLFA. ANGLIAN WATER SERVICE In order to accommodate 50 dwellings, 16m3 of storage will need to be provided, in order to accommodate 75 dwellings, 39m3 of storage will need to be provided. The remaining development portions will be included in the Dereham Growth Strategy, subject to conditions HIGHWAYS ENGLAND No objection HISTORIC ENVIRONMENT SERVICE No objection subject to conditions RAMBLERS ASSOCIATION: NORFOLK AREA

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

No objections in principle, previous comments apply notwithstanding the changes made. NATURAL ENGLAND No objection, no requirement to undertake an appropriate assessment. SPORT ENGLAND EASTERN REGION The proposed development is not with the statutory or non-statutory remit of Sport England. PUBLIC RIGHTS OF WAY OFFICER Need to consider the form and linkages of the proposed southern boundary route and make them part of the green corridors. LAWSON PLANNING PARTNERSHIP LTD ON BEHALF OF NHS ENGLAND No objection subject to a financial contribution of 103,454 pounds. NORFOLK COUNTY COUNCIL HIGHWAYS No objection subject to revisions to visibility splays and minor road alignment adjustments OBLIGATIONS OFFICER, NORFOLK COUNTY COUNCIL Spare capacity for Early Years and Secondary education provision. Education - Primary 861,656 pounds; Sixth from, (secondary), 95, 145 pounds.

Library provision - 21,375 pounds FLOOD & WATER MANAGEMENT TEAM No objections subject to conditions HISTORIC BUILDINGS CONSULTANT No objections. TREE AND COUNTRYSIDE CONSULTANT No objections subject to the internal estate road being relocated beyond the root protection area of the TPO tree. ENABLING OFFICER Provision of 25% affordable housing not policy compliant and should be subject to viability testing. Concerns about the proposed mix of affordable housing and dwelling sizes. ECOLOGICAL AND BIODIVERSITY CONSULTANT Important to maintain and enhance the wildlife corridors. No objections subject to conditions. CONTAMINATED LAND OFFICER No objections subject to conditions. EHO No objections subject to noise and sewerage capacity conditions. COUNCILLOR ALISON WEBB My issues and concerns include the current sewerage position in Dereham with raw sewerage spilling onto pavements near schools and shops. Also, the density of housing proposed is significantly more than originally on the Outline Plans submitted and approved and I not believe this is appropriate for this location. Additionally the status of Cherry Lane is still being clarified with NCC and this needs to be clear before approval is given. COUNTRYSIDE ACCESS OFFICER NCC Norfolk County Council has decided to make an order adding to the Definitive Map the claimed routes

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 through and around the site as Restricted Byways. These routes are already 'accepted' by the applicant within the plans

NORFOLK WILDLIFE TRUST No Comments Received COMMUNITY DEVELOPMENT OFFICER No Comments Received

REPRESENTATIONS Twenty letters of representation have been received raising the following issues and concerns:-

- density and number of units - out of character with surroundings - impacts on sewerage capacity in the area and measures necessary to remedy the problems - impact on schools capacity - impact on primary healthcare provision - traffic impacts of the development - traffic impacts of linking Wheatcroft Way and Greenfields Road - unsolicited on street parking - disruption from construction traffic - no visitor parking within the scheme - direct impacts on neighbouring properties - impacts of other proposals in the area, (45 dwellings) - crime and disorder issues associated with the new residents - loss of views of Dereham Windmill and devaluation of property

ASSESSMENT NOTES 1.0 This application is referred to Committee as a major development proposal.

2.0 Principle of development and policy matters.

2.1 Site is located within the settlement boundary for Dereham and the proposal is thus compliant with policy in the adopted Core Strategy. Further, the site is the subject of an extant outline planning permission for 220 dwellings. The site is located in close proximity to the town centre and associated facilities, schools, shops and public transport (bus) links. It is accepted that the location is a sustainable form of development, as defined in paragraphs 6-10 of the NPPF, and is acceptable in principle.

2.2 The site is classified as grade 3 agricultural land, whilst it is not clear whether it is 3a or 3b the site is within the settlement boundary and outline consent has already been granted for residential use. In any event, with a site area of 12.32 ha it is below the 20ha threshold for consulting Natural England.

2.3 The existing outline planning permission was subject to viability testing and was granted on the basis of 15% affordable housing provision. The current scheme proposes a level of affordable housing offered at 25%. The scheme would consist of 214 open market units and 71 affordable dwellings. Whilst this 25%

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 provision falls below the Council's usual standard it represents an increase from the previous outline consent which secured 33 units. Although there is an increase in the number of dwellings now proposed by 65 units, 58% (38 units), of the uplift would constitute affordable housing. Furthermore, in terms of the affordable housing split, it has been confirmed the provision would comply with the Council's requirements for affordable rent and shared ownership. On this basis, no objections are raised.

3.0 Effects on local character & amenity

3.1 The site has the benefit of an existing outline planning permission for 220 dwellings and has been allocated as a development site within the Council's Adopted Core Strategy. In terms of visual impacts associated with the development of this site, there are no objections in principle. The site falls within the National Character Area 84 - Mid Norfolk as defined by Natural England. The submitted LVIA acknowledges that there would be Major visual effects resulting from the development in the immediate localised area but these effects would reduce to Moderate further afield. On this basis, it is concluded with a mitigation strategy including improvements to hedgerow planting and the green infrastructure network in place the impacts of the development can be reduced to an acceptable level.

3.2 The layout of the development has been the subject of revisions to address issues relating to how the development would relate to its surroundings, open space and highway layout issues. The scheme has been designed to reflect the form and layout of existing development along Greenfields Road, particularly the areas fronting onto Dereham Windmill which would be characterised by low density detached housing. The density increases into the development including a number of courtyard areas but these are largely within the site and would not adversely affect the character of Greenfields Road. Whilst Greenfields Road is predominately large detached houses higher density areas are present to Wheatcroft Way to the north east of the site and the proposal represents a reasonable transition. The overall gross density at 35 dwellings per hectare is considered acceptable and whilst there may be elements of the site that are more intensively developed, the layout is considered appropriate in an urban location such as this.

3.3 As stated above, the scheme has been revised to take account of potential impacts on adjacent existing residents, the effects of the development are not considered materially harmful and as such would be acceptable in terms of amenity.

3.4 The site lies alongside the A47. In order to mitigate the external noise effects on proposed residents, landscaped attenuation bunding is proposed. The bunds would protect amenities of the new residents against noise from A47. The existing bunds along the south boundary of the site would be utilised with additional 2.1m high fencing on top to mitigate noise impacts. A new section of 2m high bunds are proposed in the south eastern section of the site with 3m high fencing proposed to top it. The maximum overall height along any section would be 5.23m. This is considered acceptable in context of the existing landscaping in this part of the site and would have been required for any development scheme in such close proximity to the A47.

3.5 Additional traffic movements would result in some additional disturbance to existing residents, particularly during the first phase of development . However, given the likely volume, speed and distribution of such traffic, it is not considered that such disturbance would cause significant harm nor exceed that which might reasonably be expected within a built up area.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

3.6 It is considered therefore that the proposal would be compatible with the established pattern and character of surrounding development and would be a logical addition to the existing built up area. The application proposal would not conflict therefore with Core Strategy Policies CP11, DC01, DC02 or DC16, nor the guidance in paragraphs 17, 58 and 109 of the NPPF.

4.0 Trees

4.1 The site is laid to grass but well landscaped around its boundaries with the addition of an existing mature hedgeline that runs along the existing field boundary linking Greenfields Road with Wheatcroft Way. It is proposed to retain this hedgerow and incorporate it into the development by making it a wildlife corridor. In addition to the boundary hedging there is a single Oak tree, centrally located within the site, which is the subject of a TPO. The layout has been altered to ensure that the tree is protected and would be located within the area of public open space.

5.0 Public Open Space

5.1 The calculated requirement for public open space is 18470 sqm. The scheme provides 22319sqm of open space which exceeds the requirements by 3849 sqm. The proposed provision is comprised of;

14484sqm unencumbered open space (flat / level) 1876 sqm containing flood attenuation features 5959 sqm containing a noise attenuation bund

5.2 The Council's Open Space Assessment 2015 is not clear as to when open space is considered unsuitable. There have been concerns expressed regarding the fragmented nature of the proposed open space on site but it does provide scope to site the two LEAPs and LAP in different areas of the site to facilitate an even distribution of play space as well as further areas of open green space that have value from a visual amenity perspective. It is important to note that the main area of Public Open Space would enable direct access from the existing public footbridge across the A47 directly to the Dereham Windmill, which can currently only be accessed via a more circular route.

5.3 The inclusion of the bunds in the open space calculation again would provide both visual amenity and some informal open space and habitat creation adjacent to the existing footpath that runs along the southern boundary of the site which is considered to be of value in open space terms.

6.0 Ecology

6.1 The site lies approximately 1km of the Bradley Moor SSSI and Norfolk Valley Fens SAC as well in proximity to other statutory designated nature conservation sites. An ecological appraisal has been undertaken which assesses the impacts of the development. The site would be shielded from these sites by existing housing development and the A47 and would not cause significant additional recreational pressures as public rights of way are limited to the designated sites in question, consequently an Appropriate Assessment would not be required. Ecological issues within the site itself are addressed by the Ecological

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Appraisal and subject to the submission of an Ecological Management Plan, ecological impacts can be mitigated.

7.0 Access / Highways / Public Rights of Way

7.1 The access to the site would be created via linkages to Greenfields Road and Wheatcroft Way to the primary road network. There is no evidence to suggest that the surrounding road network would not have sufficient capacity to cater for the extra traffic generated from the proposal. Further, assessments have previously been made of the traffic impacts associated with 220 dwellings and it is not considered that an additional 65 units would make a material impact in highway safety terms. The Highway Authority has no significant objections, recent revisions have sought to address some concerns relating to visibility splays and turning areas which have not materially affected the main layout.

7.2 As referenced above in para 5.3 there is a public footpath adjacent to the southern boundary of the site which runs around the edge of the site to its northern boundary. It has been the subject of a claimed PROW, which is likely to be accepted by the Public Rights of Way Team at NCC. The proposals show the development would be sited clear of the PROW but there is some dispute as to the 'width' of the PROW and whether the bund would encroach but the PROW is largely outside of the site at this point along the A47.

7.3 Issues have been raised regarding the provision of non-motorised linkages to the wider area but no concerns have been raised by NCC taking into account the proposed connections into the local Green Infrastructure network and Public Rights of Way network. It is considered that the measures proposed would be adequate to mitigate the effects of the development.

7.4 On this basis, it is considered that the proposal is acceptable in transport terms and would be consistent with NPPF paragraphs 32, 34 and 35.

8 Flood Risk / Drainage / Sewage

8.1 The site is Flood zone 1 (low risk). The EA has not raised objections. The submitted Site Specific Flood Risk Assessment has been revised to take account of concerns raised by the LLFA. Following the submission of a revised Flood Risk Assessment no objections are raised by the LLFA subject to a surface water drainage strategy condition.

8.2 In terms of foul water drainage, Anglian Water have acknowledged that the current foul drainage capacity of the Dereham Water Recycling Centre is limited and only has capacity for the first 50/75 new dwellings. A condition has therefore been recommended that the occupancy of the development is restricted to those levels until the planned improvement for foul sewer collection is complete in 2018. It has been confirmed that such a restriction would not represent a barrier to development when taking into account the timescales involved and the anticipated build out rates of the development.

8.3 Taking into account the above, the development would not conflict with paragraphs 103 and 109 of the NPPF.

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9.0 Heritage

9.1 The development has been considered in context of its impact on the nearby designated heritage asset, Dereham Windmill. The Historic Buildings Officer has not raised objections in light of the sensitive way in which the development has been designed adjacent to the listed building. It is considered that there would be no material harm to the significance of the heritage asset, in accordance with paragraphs 131 and 132 of the NPPF.

9.2 The Norfolk Historic Environment Service has raised some queries regarding the submitted desk based assessment because of the potential presence of previously unidentified heritage assets of archaeological interest. Therefore it is recommended that conditions are imposed that require a written scheme of investigation, site investigation and post investigation assessment On this basis, the development would accord with paragraph 141 of the NPPF.

10.0 Other Matters

10.1 Matters relating to a lack of capacity in primary healthcare provision in Dereham has been raised. NHS England have been consulted and raised no objections subject the provision of a financial contribution towards the improvement of facilities in the town to accommodate the new residents. The contribution would be made via the S106 Agreement prior to development commencing. The applicant has agreed to meet these costs. On this basis, they raise no objections to the scheme.

10.2 There are also implications for education provision in the town. NCC have advised that there is spare capacity in Early Years and Secondary provision but a requirement for primary education and sixth form education provision would be required to mitigate the need for additional school places. The applicant has agreed to meet these costs which would be provided via the S106 Agreement.

10.3 A contribution towards library provision in the area has been requested and agreed, which would also be provided via the S106 Agreement.

11.0 Conclusion

11.1 The site is located within the settlement boundary of Dereham and is the subject of an existing outline planning permission for 220 dwellings, it is therefore sustainable in principle. The proposal would result in an additional 65 dwellings being constructed on site but 58% (38 units), of those additional properties would be affordable housing units providing a total of 71 of such homes. Local services and facilities would be readily accessible and could expect to derive support from new residents. The environmental and social impacts of the development have been considered and can be adequately mitigated. There is no substantive evidence to suggest that the proposal would have a significant adverse effect on local infrastructure. Potential impacts on local ecology have been scrutinised and found to be acceptable. The development would also make a significant contribution towards the supply of housing, including affordable housing.

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11.2 Taking all these matters into account, it is concluded that the proposal would represent sustainable development, as defined in the NPPF and would not conflict with the objective of development plan policies.

12.0 RECOMMENDATION

12.1 The application is recommended for Approval.

RECOMMENDATION Planning Permission

CONDITIONS

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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) supplied by ACD, ref: ORB20131aia:ams, taking into account the minor change which brings the road outside the root protection area of the TPO tree; T7 2008 no.34 as shown on drawing SL01 Rev R. 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. Reason for condition - In the interests of the visual amenity and landscape quality of the development in accordance with Policies CP 11 and DC1 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 3412 Trees/hedges to be retained 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 visual amenity and landscape quality of the development in accordance with Policies CP 11 and DC1 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 3413 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 visual amenity and landscape quality of the development in accordance with Policies CP 11 and DC1 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 3860 Surface Water drainage condition Prior to commencement of development, in accordance with the submitted Flood Risk Assessment / Drainage Strategy (Richard Jackson Engineering Consultants Project Reference No.46513 Revision A dated February 2017) and subsequent, 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. Surface water runoff rates from the site will be attenuated to a combined maximum of 16.49l/s as stated withinTable 5.1 of the FRA / Drainage Strategy. II. 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

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for the 1 in 100 year return period, including allowances for climate change, flood event. III. Detailed designs, modelling calculations and plans of the of the drainage conveyance 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. IV. The design of detention basins will incorporate an emergency spillway and any drainage structures will include appropriate freeboard allowances. Plans to be submitted showing the routes for the management of exceedance surface water flow that minimise the risk to people and property during rainfall events in excess of 1 in 100 year return period. V. Finished ground floor levels of properties are a minimum of 300mm above expected flood levels of all sources of flooding including the proposed drainage scheme. VI. Details of how all surface water management features to be designed in accordance with The SuDS Manual (CIRIA C753, 2015), including appropriate treatment stages for water quality prior to discharge. VII. A maintenance and management plan detailing the activities required and details of who will adopt and maintain the all the surface water drainage features for the lifetime of the development. Reason: To prevent flooding in accordance with Policies DC 1 and DC 13 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009 and 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. 3935 Ecological Management Plan No development shall commence until an Ecological Conservation Management Plan (ECMP) has been submitted to and approved in writing by the Local Planning Authority. The ECMP shall accord with the recommendations set out in the submitted Ecological Appraisal dated November 2016.The Plan shall set out the measures proposed for protecting the net biodiversity of the site as a result of development and shall include: a) Contractor responsibilities, procedures and requirements. b) Full details of appropriate habitat and species surveys (pre and post construction), and review where necessary, to identify areas of importance to biodiversity both during construction and post development, including consideration and avoidance of sensitive stages of species life cycles, such as the bird breeding season, protective fencing and phasing of works to ensure the provision of advanced habitat areas and minimise disturbance of existing features. c) Details of measures to ensure protection and suitable mitigation to all legally protected species and those habitats and species identified as being of importance to biodiversity both during construction and post development, including consideration and avoidance of sensitive stages of species life cycles, such as the bird breeding season, protective fencing and phasing of works to ensure the provision of advanced habitat areas and minimise disturbance of existing features.

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d) Identification of habitats and species worthy of management and enhancement together with the setting of appropriate conservation objectives for the site. e) A summary work schedule table, confirming the relevant dates and/orperiods that protection measures shall be implemented or undertaken by. f) A programme for Monitoring to be carried out during the construction phase. g) Confirmation of suitably qualified personnel responsible for overseeing implementation of the ECMP commitments including a specification of the role. h) A programme for long-term maintenance, management and monitoring responsibilities. All species and habitat protection, enhancement, restoration and creation measures shall be carried out in accordance with the approved Ecological Conservation Management Plan. REASON: To ensure that the development of the site conserves and enhances ecology in accordance with policy CP 10 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 3720 Provide access and parking 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 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. 3736 Visibility splays Prior to the first occupation of the development hereby permitted visibility splays shall be 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 0.225 metres above the level of the adjacent highway carriageway. Reason for condition:- In the interests of highway safety. 3740 Works to the highway network Notwithstanding the details indicated on the submitted drawings no works shall commence on site unless otherwise agreed in writing until detailed schemes for the off-site highway improvement works as listed below have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority.

1. A 20mph zone / traffic calming scheme for the entire length of Greenfields Road, including all existing and proposed roads that take access from it. 2. Amendments to the layout of the Station Road, Norwich Street, Norwich Road, Matsell Way signal controlled junction, including the provision of MOVA and CCTV, as shown on drawing 46513/PP/SK01. 3. Provision of improvements to the Restricted Byway along the length of Cherry Lane (south of the retained allotments) and the southern site boundary through to Greens Road to create a continuous asphalt shared use foot / cyclepath. Such improvements to also include provisions to prevent vehicular use of this route, turning provision at the limit of vehicular

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access on Cherry Lane and safe and convenient crossing points of the new access roads. 4. Waiting restrictions at the junction between Greenfields Road and Norwich Road. Prior to the first occupation of the development hereby permitted the off-site highway improvement works referred to in this condition shall be completed in accordance with the approved details unless the Local Planning Authority gives written consent to any variation. 3962 NOTE: Highway notes attached The attention of the applicant is drawn to the requirements of the Highway Authority as indicated on the attached documents. 2001 Application Approved Following Revisions The Local Planning Authority has acted positively and proactively in determining this application, (having engaged with the Applicant at the pre-application stage), and by assessing the application against all material considerations, including national guidance, planning policies and representations that have been received during the public consultation exercise, and by identifying matters of concern within the application and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal within the statutory timeframe/in as timely a manner as possible , in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

Copies of all documentation submitted in connection with this application can be viewed online at http://www.breckland.gov.uk/content/planning-search-0 3385 Archaeological condition A) No development shall take place until an archaeological written scheme of investigation has been submitted to and approved in writing 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, 20 The programme for post investigation assessment, 3) Provision to be made for analysis of the site investigation and recoding, 4) Provision to be made for publication and dissemination of the analysis and records of the site investigation and 6) Nomination of a competent person or persons/organisation to undertake the works set out within the written scheme of investigation. B) No development shall take place other than in accordance with the written scheme of investigation approved under Part (A) 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 archaeological written scheme of investigation approved under Part (A) and the provision to be made for analysis, publication and dissemination of results and archive deposition has been secured. Reason for condition - 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 outset of the development, in accordance with Policy DC 17 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 3104 External materials to be approved Prior to the commencement of any works above slab level precise details of the colour of the

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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 3405 Fencing/walls - details and implementation No development above slab level shall take place until a detailed scheme setting out the proposed boundary treatments for both publicly accessible areas and private amenity areas has been submitted to and approved in writing by the local planning authority. The scheme shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in accordance with an agreed phasing plan and shall implanted prior to first use/occupation of the areas to which they relate. The development shall be retained and maintained in accordance with approved details thereafter. 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 LS03 Hard landscaping scheme to be submitted Before the commencement of work on site, proposals for the hard landscaping shall be submitted to and approved in writing by the Local Planning Authority. The hard surfacing scheme shall include details of all hard surfacing for publicly accessible areas and shall be implemented prior to their first use/occupation and retained and maintained in that form thereafter. Reason for condition:- In the interests of the satisfactory appearance of the development and in order to protect the amenities of nearby residential occupiers in accordance policies DC1 and DC16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 3547 Lighting Pollution Full details of all external lighting provision which shall be designed to prevent light pollution of the night sky and the surrounding area shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of work. Only that lighting which has been so agreed shall be erected or installed. Reason for condition:- To ensure the protect the amenities of the locality in accordance with Policies CP 10, CP 11 and DC1 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. . This condition will require to be discharged 3804 Foul Water Strategy No development shall commence until a foul water strategy has been submitted to and approved in writing by the Local Planning Authority. No dwellings shall be occupied until the

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works have been carried out in accordance with the approved foul water strategy unless the Local Planning Authority gives written consent to any variation. 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 3949 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. This condition is imposed in accordance with Policy CP 9 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009

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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 3946 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 Policy CP 9 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009 This condition will require to be discharged HA43A Travel plan not agreed at planning stage Prior to the commencement of the construction of the first dwelling hereby permitted an Interim Travel Plan shall be submitted, approved and signed off by the Local Planning Authority in consultation with the Highway Authority, such a Travel Plan shall accord with Norfolk County Council document `Guidance Notes for the Submission of Travel Plans` Reason for condition:- To ensure that the development offers a wide range of travel choices to reduce the impact of travel and transport on the environment. This condition will require to be discharged HA43B Travel plan not agreed at planning stage No part of the development hereby permitted shall be occupied prior to implementation of the Interim Travel Plan referred to in condition 19. During the first year of occupation, an Approved Full Travel Plan based on the Interim Travel Plan referred to in condition 19 shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The Approved Full Travel Plan shall be implemented in accordance with the timetable and targets contained therein and shall continue to be implemented as long as any part of the development is occupied subject to approved modifications agreed by the Local Planning Authority in consultation with the Highway Authority as part of the annual review. Reason for condition:- To ensure that the development offers a wide range of travel choices to reduce the impact of

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travel and transport on the environment. This condition will require to be discharged

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ITEM: 2 RECOMMENDATION: APPROVAL REF NO: 3PL/2017/0943/F CASE OFFICER Lisa ODonovan

LOCATION: NORTH LOPHAM APPNTYPE: Full Development Site Rear of 29 And 31 POLICY: Out Settlemnt Bndry Kings Head Lane, North Lopham ALLOCATION: N CONS AREA: N

APPLICANT: Mr T. H. Atkins LB GRADE: N c/o Agents AGENT: Anglia Design LLP TPO: N 11 Charing Cross Norwich PROPOSAL: Erection of 2No. one and a half storey dwellings with associated parking and amenity areas

DEFERRED REASON The application was deferred at the meeting of the Planning Committee on 20 November 2017 for clarification relating to varying red line areas.

Clarification has been received from the Agent and a revised plan has been submitted. This plan reduces the garden area of the host dwelling by 4.2 metres, however this leaves a distance of 16.8 metres from the rear wall of number 31 to the rear boundary (nearest to the development site). This distance is considered sufficient so as not to impact on existing neighbour amenity as detailed in the main report reproduced below.

REASON FOR COMMITTEE CONSIDERATION The application is brought to committee as the recommendation is contrary to Policy.

KEY ISSUES Principle of development Impact upon the character and appearance of the area Impact upon amenity Impact upon highway safety Impact upon trees

DESCRIPTION OF DEVELOPMENT The application seeks permission for the erection of two one and half storey dwellings and single garages on land to the rear of 29 and 31 Kings Head Lane. The dwellings will accommodate three bedrooms. Two at first floor and one at ground floor. Brickwork and tiles are proposed, precise details to be agreed. Access is proposed to the west of number 31.

SITE AND LOCATION

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The land is currently garden land for both numbers 29 and 31 and is bounded by a relatively open boundary to the west with other residential uses exist to the north and north-east. Agricultural land lies to the south and west.

EIA REQUIRED No

RELEVANT SITE HISTORY 3PL/2014/1212/F - Proposed erection of a single one & a half storey dwelling with associated parking and amenity areas - Refused - Allowed on appeal.

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 SS1 Spatial Strategy

OBLIGATIONS/CIL Not applicable

CONSULTATIONS

NORTH LOPHAM P C North Lopham Parish Council has no objections to this application NORFOLK COUNTY COUNCIL HIGHWAYS There are no highway objections to the proposal subject to conditions being imposed. CONTAMINATED LAND OFFICER There are no objections or comments on the grounds of Environmental Protection, providing the development proceeds in line with the application details.

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ENVIRONMENTAL HEALTH OFFICERS No objection subject to condition.

REPRESENTATIONS Site notice erected: 15-09-2017 Consultations issued: 12-09-2017

One letter received raising issues relating to backland development; increased noise; impact on the lane; sewerage treatment and drainage.

ASSESSMENT NOTES 1.0 Principle

1.1 The land lies outside of the North Lopham Settlement boundary although the current boundary ends along the rear of the existing dwellings fronting Kings Head Lane, so the site is closely related to the existing, defined settlement.

1.2 A previous application for one, one and a half storey dwelling was allowed on this site on appeal in 2014 so the principle of development has previously been accepted. The main issue therefore is whether the site can satisfactorily accommodate two dwellings.

1.3 The application seeks Full permission for the erection of 2 one and a half storey dwellings and garages on land outside of the North Lopham settlement boundary. For this reason the proposal conflicts in principle with Policies DC02 and CP14 of the Core Strategy and Development Control Policies Development Plan Document, (2009), which seek to focus new housing within defined Settlement Boundaries. However, as the Council cannot currently demonstrate a 5 year supply of housing land, these policies cannot be considered to be up-to-date insofar as it relates to the supply of housing land and can be given little weight. The application is therefore assessed against the benefits provided in relation to the sustainable development tests as set out in the NPPF.

1.4 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.

1.5 Paragraph 8 of the NPPF also stresses that these roles should not be undertaken in isolation because they are mutually dependent; therefore a balanced assessment against these three roles is required.

1.6 In terms of the economic and social criteria, the proposal would provide two 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

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1.7 With regard to whether this is a suitable location, the site is outside the Settlement Boundary of North Lopham however the house and part of the gardens of No's 29 and 31 falls inside the settlement boundary. The development site is therefore considered closely related to it and the services within it. Whilst not a service centre village, North Lopham does benefit from community facilities such as a Post Office and shop and public house and a village hall most of which are within walking distance from the site, any new dwelling would therefore further support these village services.

1.8 North Lopham benefits from limited and infrequent bus services. However as previously stated above it does benefit from a shop, post office and public house and therefore the reliance on the private car to access day-to-day requirements including shopping and community facilities is lesser in this location. Whilst it is appreciated that there would be a reliance on the use of a car to access wider day-to-day services i.e Doctors provision and bigger provision needs which does weigh against the proposal, given the small scale of the proposal, it is considered that the harm caused to sustainability would be small. It is also acknowledged that a wider range of facilities are available a short trip away in the nearby villages of East Harling and Diss, the nearest Market Town which would be likely to derive some support from the development. The NPPF recognises that opportunities to maximise sustainable transport solutions will vary from urban to rural areas. The proposed dwelling would therefore help support the services in nearby East Harling and Diss, in line with paragraph 55 of the NPPF.

1.9 Environmentally, although outside the Settlement Boundary, the site is in a semi-rural location within an area of existing development. There are other residential uses immediately to the north and north-east of the site. The proposal would not have a significant impact on the form and character of the existing development given its positioning to the rear of the dwellings facing Kings Head Lane and their single storey nature.

2.0 Impact upon the character and appearance of the area

2.1 The previous appeal decision considered that whilst backland development is not characteristic of the area , the site is largely screened from public views by the host dwellings, this coupled with the modest scale of the dwellings proposed will also help to ensure that any views are minimal. The design of the dwellings is acceptable given the form and character of the existing, varied development along Kings Head Lane, which again coupled with the minimal public views limits the impact on the wider area. In light of the above, the proposal is considered acceptable, having due regard to Policy DC16 and paragraph 17 of the NPPF.

3.0 Impact on amenity

3.1 The small scale, internal layout and orientation of the site is such that the impact on the level of amenity currently received to the occupiers of 29 and 31 Kings Head Lane will be minimal, particularly in terms of overlooking, loss of light and over dominance. A condition has been attached in relation to further details relating to the air source heat pumps being provided in order to ensure the resultant noise as a result is not likely to cause noise and disturbance. The application also provides sufficient, private amenity space for any future occupiers. The application is therefore considered to have due regard to Policy DC1 and paragraph 17 of the NPPF.

4.0 Impact on highway safety

4.1 The application shows access to the western side of No.31 and provides a single garage for each plot as well as a parking and turning area. Norfolk County Council Highways was consulted on the proposal and subsequently raised no objection subject to conditions relating to: the access being widened to 4.5m for the

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 first 5 metres and the access, parking and turning area being provided and retained. These will be attached to any forthcoming approval, the application is therefore considered to have due regard to Policy CP4 and paragraph 32 of the NPPF.

5.0 Impact on trees

5.1 The application was accompanied by an Arboricultural Impact Assessment which was sent to the Tree and Countryside Officer for comment. Notwithstanding this, it was noted that the Assessment is almost 3 years old. As such, a revised implication assessment and tree protection plan is required. It has been agreed that it would be acceptable to condition this in order to ensure the application has sufficient regard to Policy DC12.

6.0 Other issues

6.1 The Environmental Health Team have raised no objection subject to a condition relating to air source heat pump siting and a note relating to foul drainage. These will be attached to any forthcoming approval.

6.2 The Contaminated Land Team has raised no objection.

7.0 Conclusion

7.1 On balance, it is considered that the proposal would constitute a sustainable form of development as defined in Paragraph 7 of the NPPF, which would help to support the local rural community, would not compromise local amenity and would not adversely impact the character and appearance of the surrounding area. The application is therefore recommended for approval.

RECOMMENDATION Planning Permission

CONDITIONS

3006 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. 3047A 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. HA10 Existing access - widened or improved Prior to the commencement of the use hereby permitted the vehicular access shall be widened to a minimum width of 4.5 metres for the first 5 metres as measured back from the near channel edge of the adjacent carriageway. Arrangement shall be made for surface water drainage to be intercepted and disposed of separately so that it does not discharge

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

from or onto the highway carriageway. Reason for condition:- In the interest of highway safety and traffic movement. HA24 Provision of parking and servicing - when shown on plan 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 area, in the interests of highway safety. 3920 Air source heat pumps Prior to commencement of work on site, full written details for the Air Source Heat Pump should be submitted to the planning authority for approval. Details should include make and model, noise levels including 1/3 octave frequency analysis for all modes of operation, exact location and means of fixing / mounting. Reason for condition; The details are required prior to commencement in order that the impact on the amenity of nearby residents can be properly assessed, in line with Policy DC1. 3302 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. 3920 Updated AIA and TPP required Prior to commencement of the development, an updated Arboricultural Implications Assessment and Tree Protection Plan, in accordance with BS 5837:2012, shall be submitted to and approved in writing by the Local Planning Authority. Reason for condition:- The works are required to be undertaken prior to the commencement of work on the site 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. 3994 Foul drainage - NOTE NOTE:

Foul Drainage - the application proposes a package sewage treatment plant for foul water drainage purposes. North Lopham has areas of poor drainage and as such was provided with main sewer a few years ago. It is recommended that the proposed properties are connected to the main

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

sewer as the preferred mechanism in complying with their duties under the Building Regulations. 4000 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. 3996 Note - 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. 2000 NOTE: Application Approved Without Amendment The Local Planning Authority has acted positively and proactively in determining this application, and by assessing the application against all material considerations, including national guidance, planning policies and representations that have been received during the public consultation exercise and subsequently determining to grant planning permission in as timely a manner as possible DATA ERROR!!! 2014 Criterion E - Planning Apps Where Approved Appeals against planning decisions

If you are aggrieved by the decision of your local planning authority to attach any particular condition/s to this permission, then you can appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990.

If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal against your local planning authority's decision on your application, then you must do so within: 28 days of the date of service of the enforcement notice, or within 6 months (12 weeks in the case of a householder appeal) of the date of this notice, whichever period expires earlier.

If you want to appeal against your local planning authority's decision then you must do so within 6 months of the date of this notice.

Appeals must be made using a form which you can get from the Secretary of State at Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN or online at www.planningportal.co.uk

The Secretary of State can allow a longer period for giving notice of an appeal but will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

to the statutory requirements, to the provisions of any development order and to any directions given under a development order. MT03 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 DE08 Slab level to be arranged Prior to commencement of the development, details of the slab levels of the dwellings hereby approved shall be submitted to and agreed in writing by the Local Planning Authority. Such details shall also provide comparative levels with adjoining properties and details of the levels of any boundary treatments proposed. The development shall be carried out in accordance with the details as approved. Reason for condition:- The details are required prior to commencement in order to ensure that the development approved does not have and adverse effect on the amenities of local residents or on the character and appearance of the area, as required by policies DC1 & DC16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 3804 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

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

ITEM: 3 RECOMMENDATION: REFUSAL REF NO: 3PL/2017/1055/O CASE OFFICER Lisa ODonovan

LOCATION: GREAT ELLINGHAM APPNTYPE: Outline Alder Carr House POLICY: Out Settlemnt Bndry Attleborough Road, Great Ellingham ALLOCATION: N CONS AREA: N

APPLICANT: Arpels Development Ltd LB GRADE: N Alder Developments Ltd Alder Carr House AGENT: Nigel Hurrell TPO: N N H Building Design 18 Plassett Drive PROPOSAL: 3 new dwellings and re roof outbuilding

DEFERRED REASON The application was deferred from the November Committee meeting as the Ward Representative could not attend the meeting. The application details have not changed. The main report is reproduced below.

REASON FOR COMMITTEE CONSIDERATION The application is brought to committee at the request of the Ward Representative.

KEY ISSUES - Principle of development an contribution towards housing supply - Impact on character and appearance of surrounding area - Impact on amenity - Highway safety - Ecological implications - Impact on trees

DESCRIPTION OF DEVELOPMENT The application seeks outline planning permission for the erection of three dwellings on land to the west of Alder Carr Hall, Attleborough Road, Great Ellingham. The application is submitted entirely in outline with all matters (access, layout, scale, appearance and landscaping) other than the principle of development reserved for consideration at a later date. An indicative site plan has been submitted showing the site to utilise an existing access from Attleborough Road to the west of Alder Carr Hall, with three no. dwellings along its length. The indicative proposal indicates the provision of three no. one and half storey detached four bedroom dwellings, each with detached or attached single/double garage.

It is also proposed to re-roof an existing outbuilding to the north-east of the access, forward of the proposed dwellings.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

The application is a revised submission of a previously refused (upheld at appeal) application for outline for the erection of seven dwellings.

SITE AND LOCATION The application site comprises of a piece of land approximately 0.032 Ha in area located to the north side of Attleborough Road, Great Ellignham. The application site sits within the open countryside to the southeast of the village of Great Ellingham alongside the Attleborough Road that runs from Great Ellingham southeast to Attleborough. The site comprises of principally two parts; the southern part includes the existing site access and access drive, with two buildings last used for home office, storage, and conference and training purposes and their associated parking areas. The northern part comprises open grassland and a collection of mature trees. The site borders the grounds and buildings of Alder Carr Hall to the south and east, and wooded are borders the site to the north and west. Beyond this the site is surrounded by open arable fields on all sides. The settlement boundary of Great Ellingham is located approximately 200 metres to the north west of the site and a small collection of three dwellings are located to the southeast along Attleborough Road.

EIA REQUIRED No

RELEVANT SITE HISTORY 3PL/2015/1472/O - Demolition of buildings and erection of 7 dwellings - Refused, dismissed on appeal

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

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

Not Applicable

CONSULTATIONS

TREE AND COUNTRYSIDE CONSULTANT No objection in principal, it would be necessary to condition an updated arboricultural implication assessment and tree protection plan based on the new layout, and potentially visibility splays following comments from Highways. CONTAMINATED LAND OFFICER No objection subject to conditions. NORFOLK COUNTY COUNCIL HIGHWAYS Recommends refusal on the grounds of:

- Inadequate visibility

- 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.

- 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 and Policy 5 of Norfolk's 3rd Local Transport Plan, entitled Connecting Norfolk. ENVIRONMENTAL HEALTH OFFICERS There are no objections or comments on the grounds of Environmental Protection, providing the development proceeds in line with the application details. GREAT ELLINGHAM PARISH COUNCIL This application was discussed at the meeting of Great Ellingham Parish Council on 18 October 2017. Councillors did not object to the application. 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

ENVIRONMENTAL SERVICES OFFICER No Comments Received GREAT ELLINGHAM P C No Comments Received CHIEF FIRE OFFICER No Comments Received ECOLOGICAL AND BIODIVERSITY CONSULTANT No Comments Received HOUSING ENABLING OFFICER No Comments Received

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

REPRESENTATIONS Site notice erected: 29-09-2017 Consultations issued: 20-09-2017

No representations received.

ASSESSMENT NOTES 1.0 Principle of Development

1.1 The application is a resubmission of a larger, refiused scheme for 7 dwellings. This refusal was subsequently upheld at appeal. Whilst this submission is significantly reduced in terms of number of dwellings, the principal issues remain.

1.2 The application site is located outside of any 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. However, paragraph 49 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 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 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 should not be undertaken in isolation because they are mutually dependent; therefore a balanced assessment against these three roles is required. In terms of the economic and social criteria, the proposal would provide 7 new dwellings and would therefore make a small 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 seven family sized dwellings. 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 nearest settlement of Great Ellingham is defined as a Service Centre Village through policy SS1 of the adopted Core Strategy and Development Control Policies DPD. The intention being to protect and enhance existing facilities and provide for local needs. It is noted that there are some small scale facilities within Great Ellingham including primary school, post office, shop, church, public house and village hall.

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Whilst offering a range of facilities, the level of service provision in Great Ellingham are such that future residents of the family sized dwellings would still be dependant on higher order settlements for the majority of shopping, employment, education and leisure purposes.

1.6 With regard to the sites access to Great Ellingham, the site is a distinct from and separated from the settlement boundary of Great Ellingham to the northwest by open fields. As noted above there is no footpath linking the site to the edge of the village, the nearest footpath is approximately 300 metres to the north west. As a result pedestrians would be forced along a significant stretch of the unlit Attleborough Road. It is also noted that this stretch of Attleborough Road is beyond the 30 mph speed restriction and is therefore subject to traffic moving at national speed limits of 60 mph. There is therefore no safe access to the facilities which are available within Great Ellingham. This would further encourage the use of the motor vehicle and less sustainable modes of travel. Therefore, the site is not considered to be in a sustainable location.

1.7 Whilst it is noted that the NPPF recognises that opportunities to maximise sustainable transport solutions will vary from urban to rural areas. In this instance, it is noted that the sites location within a wider area of open countryside approximately 2 miles from the nearest major / higher order settlement (Attleborough) that would provide for a full range of employment, education, retail and leisure services would inevitably require the regular use of the motor vehicle. There are no railway connections in close proximity, and whilst a bus route runs along Attleborough Road to the south, the nearest bus stop is a significant distance away from the site, and pedestrians would have to first navigate an unlit road subject to regular traffic of high speeds before reaching a footpath. This would further encourage the use of the private motor-vehicle for all major trips.

1.8 Footnote 11 of the NPPF does also confirm that the site should be available now, and have a realistic prospect of being developed within five years. Given the scale and nature of the proposal it is not considered unreasonable that this scheme of seven family sized dwellings could be developed within the next 5 years.

1.9 However, taking all these matters into account, it is concluded that the proposal would conflict with the golden thread and the sustainable development principles within the NPPF as given the sites location the proposals would not provide for sustainable development. With respect to environmental aspect of sustainable development further discussion of the environmental implications and the effects of the proposed dwellings on the character and appearance of the area are considered in detail below.

2.0 Impact on the character and appearance of the area

2.1 The application is in outline with all matters reserved however an indicative layout plan and design has been provided for consideration. The previous appeal decision determined that the erection of two or three dwellings along the driveway would have a limited impact on the character and appearance of the area given the replacement of existing buildings and their proximity to the main hotel and spa complex. On this basis it would be difficult to substantiate an objection in this regard. Full details would also be considered at the reserved matters stage should outline permission be forthcoming. On this basis there is no objection having regard to Policy DC16 and paragraph 17 of the NPPF.

3.0 Impact on amenity

3.1 DC1 of the Core Strategy requires that all new development 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 Whilst in outline only, the proposal as indicated positions three dwellings in such a way so as to provide

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 sufficient separation distances between the proposed dwellings and Aldercarr House on an orientation which will not cause significant issues in terms of overlooking, loss of light of over-dominance. The proposals also provide sufficient amenity space for any future occupiers. The proposal is therefore considered to have due regard to Policy DC1 and paragraph 17 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. Paragraph 32 of the NPPF states that development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.

4.2 The proposed development as indicated would utilise an existing access on to Attleborough Road to the west of Alder Carr Hall to serve the proposed dwellings. Whilst it is noted that the application does not seek permission for access, and this would not be the only feasible option given that it appears the applicants own the adjacent Alder Carr Hall, this is the only point of the application site that adjoins the public highway and therefore this would appear a reasonable assumption. From the comments of the Highways Authority it is noted that this access is currently sub-standard providing only 81% of the recommended safety standard for visibility to the north-west.

4.3 The proposed development of three dwellings would generate regular vehicular traffic predominantly at the start and end of the day and throughout the week and weekend. This would equate to approximately 18 habitual movements a day (based on a dwelling generating in the order of 6 vehicular movements a day) onto Attleborough Road, which is defined as a Main Distributor Road whose primary function is to carry high volumes of traffic between centres of population. The lack of other connections and linkages would reinforce the need for private motor-vehicle journeys to be made. Whilst it is noted that the access currently exists and would provide access to part of the Alder Carr Hall site, it is noted that this is not the only access to the site, and the main access is currently that located to the southeast further along Attleborough Road. No evidence has been submitted of the existing or lawful levels of traffic movements to and from the site. The proposed development does also not provide for safe pedestrian access to and from the site and linking the proposed dwellings to the facilities and amenities in Great Ellingham or to bus stops. As a result, it is considered that the regular and frequent use of the only access to the three dwellings with inadequate visibility would be sufficient to cause significant detriment to the safety and operation of the surrounding highway network.

4.4 Whilst it is appreciated that the proposal significantly reduces the number of dwellings proposed by the previously refused application by four, the increased vehicular movements generated by three dwellings is still considered significant and the Inspectors assessment contained within the previous appeal decision remains relevant.

4.5 Concerning the potential use of one of the existing buildings as a conference centre the Inspector observed on the previous submission "...it is unlikely to generate the same regularity of vehicular movement as housing unless it is used consistently throughout the week. This is evidently not the case at present and by proposing to demolish the building, the appellant has indicated that such frequency of use is unlikely in the future".

4.6 Having regard to the above, it is considered that the proposed development would not in principle provide for adequate safe access and egress by vehicles and pedestrians and as a result would cause significant adverse impact on the safety and function of the surrounding highway network, and the safety of members of the public. As a result the proposals would accord with policy CP4 of the Core Strategy and the policies within the NPPF.

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5.0 Ecological Implications

5.1 At the time of writing the report the ecology comments were not available. These will be reported verbally at the meeting.

6.0 Impact on trees

6.1 The Council's Tree and Countryside Officer was consulted on the scheme and the accompanying Arboricultural Implications Assessment (AIA). It was apparent however that this was based on the previous layout and scheme and not the current submission. Notwithstanding this, it was considered that should approval be forthcoming, a condition could be imposed to request that an updated AIA and Tree Protection Plan be submitted based on the new layout and any visibility splays as required by highways. As a result, it is considered that the implications on the trees on the site could be monitored, having due regard to Policy DC12.

7.0 Conclusion

7.1 In summary, the proposed development would be unacceptable because the site is not considered to be within a sustainable location and will have a significant adverse impact on the safety and operation of the highway network. The adverse impacts of the proposal would significantly and demonstrably outweigh its benefits. Therefore, the proposed development would not constitute sustainable development. In accordance with paragraph 14 of the NPPF the application is recommended for refusal.

RECOMMENDATION Refusal of Outline Planning Permission

REASON(S) FOR REFUSAL

9900 Sustainable location The proposed development being remote from and with poor access to all necessary employment, education, health, leisure retail and public transport facilities would not be located within a sustainable location. In addition, it is not considered that the limited benefits of the proposed development would outweigh this harm. The proposed development would therefore not provide for sustainable development contrary to policy SS1 of the Breckland LDF Core Strategy and Development Control Policies Development Plan Document, and the policies and objectives of the NPPF. 9900 Highway and pedestrian safety The proposed development would by way of a lack of safe vehicular access and pedestrian access to and from the site, would not provide for the safe access and egress from the site, due to inadequate visibility splays, to the detriment of the safety and function of the highway network and safety of the public. The proposed development would as a result cause significant adverse impacts on the highway network and infrastructure contrary to policy CP4 of the Breckland LDF Core Strategy Development Control Policies Development Plan Document, and the policies within the NPPF. In addition, it is not considered that the limited

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

benefits of the proposed development would outweigh this harm. 2002 Application Refused Following Discussion - No Way Forward The Local Planning Authority has acted positively and proactively in determining this application in as timely a manner as possible, and by identifying matters of concern with the application and discussing those with the Applicant. However, the issues are so fundamental to the proposal that it has not been possible to negotiate a satisfactory solution and due to the harm which has been clearly identified within the reason(s) for the refusal, approval has not been possible.

Copies of all documentation submitted in connection with this application can be viewed online at http://www.breckland.gov.uk/content/planning-search-0 2009 Criterion E - Planning Apps Where Refused Appeals against planning decisions

If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990.

If you want to appeal against your local planning authority's decision then you must do so within 6 months of the date of this notice.

Appeals must be made using a form which you can get from the Secretary of State at Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN or online at www.planningportal.co.uk

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

ITEM: 4 RECOMMENDATION: APPROVAL REF NO: 3PL/2017/0840/O CASE OFFICER Debi Sherman

LOCATION: THETFORD APPNTYPE: Outline Tulip Saxon, Caxton Way POLICY: In Settlemnt Bndry Thetford ALLOCATION: N CONS AREA: N

APPLICANT: Stapleford Thetford Limited LB GRADE: N C/O Agent AGENT: Mvolution Town Planning TPO: N Opus House Elm Farm Park PROPOSAL: Erection of storage and distribution warehouse (use class B8) with offices (use class B1)

REASON FOR COMMITTEE CONSIDERATION The application has been presented before committee as it is considered a major application within the defined settlement boundary for Thetford.

KEY ISSUES Principle of Development Impact on Amenity Highways Matters Impact on Trees

DESCRIPTION OF DEVELOPMENT The application is in outline form with layout, scale, landscaping and access for determination at this stage and only appearance as the remaining reserved matter. The site is 3.3 hectares in area.

The scheme proposes a 13338 sq m B8 storage and distribution unit with 557 sq m of ancillary B1 (a) office space

The new building would be 18 m in height, 155 m in length and 85m in width. The flank of the building would be located a minimum of 9.5 m from the nearest residential property which is located adjacent to the northern corner of the site.

The development would include 121 no. parking spaces with HGV parking for 14 no. vehicles in addition to the 23no. loading bays.

The existing access would be retained.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

SITE AND LOCATION The site is located within an established employment area surrounded on its eastern, southern and western boundaries by other general employment uses. The northern boundary partly consists of a mature belt of Scots Pines with a limited number of residential properties beyond it. There is a detached dwelling located in close proximity to the northern corner of the site albeit with limited openings onto the common boundary.

The remainder of the site is adjacent to other industrial units or areas of open storage. The access to the site is located in the southern corner of the site directly off Caxton Way.

EIA REQUIRED No

RELEVANT SITE HISTORY 3PL/2002/1413/F - Erection of single storey plant room, approved 23 December 2002. 3DM/2016/0006/DEM - Demolition and site clearance, permitted 29 April 2016.

CP.03 Employment CP.10 Natural Environment CP.13 Accessibility DC.01 Protection of Amenity DC.06 General Employment Areas 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 Thetford Area Action Plan 2012

OBLIGATIONS/CIL Not Applicable

CONSULTATIONS

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

THETFORD T C TTC note the Tree Officers comments but do not feel that the removal of mature trees should hinder the development of this Add to dictionary site. TTC would like to see highways concern reference development of car parks addressed. Due to the proximity to residential areas, EHO may wish to consider limiting the operating hours. NATURAL ENGLAND No objections NORFOLK COUNTY COUNCIL HIGHWAYS No objections subject to query regarding parking associated with adjacent site. FLOOD & WATER MANAGEMENT TEAM No comments to make. TREE AND COUNTRYSIDE CONSULTANT Following submission of additional information, no objections CONTAMINATED LAND OFFICER No objections subject to conditions ENVIRONMENTAL HEALTH OFFICERS No objections subject to conditions to protect the amenities of nearby residential occupiers AIR QUALITY OFFICER No objections

ENVIRONMENT AGENCY No Comments Received ECOLOGICAL AND BIODIVERSITY CONSULTANT No Comments Received ECONOMIC DEVELOPMENT No Comments Received NORFOLK WILDLIFE TRUST No Comments Received

REPRESENTATIONS None

ASSESSMENT NOTES 1.0 Principle of Development

1.1 The site has been vacant for some time. It was the subject of an application in 2016 (see above) to demolish the existing significant industrial building, which has since been demolished.

1.2 The site is located within an allocated employment area, the proposed use conforms with the requirements of Policy DC06 as it relates to B8 use with ancillary B1(a) office use. The proposed development supports the aims of the Thetford Area Action Plan by delivering development that supports the Action Plan's aims to support commercial prosperity in Thetford. There are no objections in principle to proposed development.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

2.0 Character and Appearance

2.1 The proposed unit would not unlike adjacent industrial premises in the immediate locality and as such would not be considered to have an adverse effect on the character and appearance of the area. All matters except appearance are for consideration at this stage and the likely impact of the building can be adequately assessed to be able to conclude that the effects of the development would be appropriate on the locality.

2.2 The northern boundary represents a transition between commercial and residential and although the new unit would be significant in proportions it would be set away from the shared boundary and screened in part by existing vegetation. In addition to this supplemental planting is proposed and on this basis it is considered that the effect on the character of this sensitive boundary site is acceptable.

3.0 Impact on Amenity

3.1 The proposed warehouse unit would be located in proximity to the northern corner of the site but the overall effect of a building in this position would not be materially different from the building that previously existed on site. Nevertheless, it is considered appropriate to seek to protect the amenities of adjacent residential occupiers and a number of measures are proposed to mitigate the effects of the operational activities on site including the erection of an acoustic barrier along the sensitive northern boundary of the site, the introduction of a noise mitigation plan and other requirements to lessen the impacts of the development on the existing adjacent residential properties.

3.2 In considering amenity it is also important to consider the potential for intensification of the use by subdivision of the unit. At present it is shown as one single commercial premises. The parking, loading and pedestrian routes are designed to facilitate a single user. It would be difficult to split the unit into multi users because of the proposed layout and as such control should be retained to ensure that if the unit were subdivided then a new application would be necessary to ensure that those amenity impacts can be appropriately mitigated. This can be achieved by condition.

4.0 Highways Matters

4.1 There are no overall concerns relating to highways matters as the development would utilise the existing vehicular access into the site. There is considered to be adequate parking and turning area within the site to accommodate the needs of the development and a condition is suggested to ensure that cycle parking is provided.

4.2 A concern was raised by the Highway Authority that parking was provided on this site to serve a neighbouring site. This has been investigated and although the site was part of the overall Tulip Foods business and formed part of a larger industrial complex there is no evidence of conditions that required parking on this site served any other unit. Parking standards are maximum rather than minimum and as such there is flexibility in levels of provision in any event.

5.0 Impact on Trees

5.1 The proposed lorry park area in the north western corner of the site would necessitate the loss of 5no trees subject of Tree Preservation Orders. Following the submission of an additional detailed landscape

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 planting proposal which sees planting bolstered on the northern boundary, at the site entrance and on the western boundary, the Tree and Landscape Advisor considers that the proposals represent a net improvement and on that basis raises no objections.

6.0 Conclusion

6.1 The site is within an established, allocated employment area and the proposed development would contribute positively to the vitality of the business park. Having taken all relevant matters into account including the impacts of the development on the character of the area and potential effects on amenity the scheme in considered acceptable and therefore recommended for approval.

RECOMMENDATION Outline Planning Permission

CONDITIONS

3005 Outline Time Limit (3 years) Application for Approval of Reserved Matters must be made not later than the expiration of THREE 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. 3047A 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 in relation to the access, landscaping, layout and scale of the development hereby permitted. Reason for condition:- To ensure the satisfactory development of the site. 3050 Reserved Matters to closely follow Outline The Reserved Matters submitted in pursuance of the outline permission hereby approved shall closely follow those submitted under reference 3PL/2017/0840/O dated...... Reason for condition:- In the interests of the satisfactory development of the site. 3720 Provide access and parking Prior to the occupation of the development hereby permitted, access and parking shall be laid out and constructed in accordance with the details submitted as part of this application. Any area so provided shall be maintained and made available permanently for that purpose thereafter. 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

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

in accordance with Policies CP4 and DC19 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. LS17 non standard condition The warehouse unit hereby permitted shall not be subdivided into more that one unit at any time without the express consent of the local planning authority. Reason for condition - In order to ensure that there is adequate servicing, pedestrian access and circulation space into and around the building at all times in accordance with Policy DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 3724 Turning space to be provided Prior to the occupation of the development hereby permitted, sufficient space will be provided within the site to enable vehicles to turn and re-enter the highway in a forward gear. Any area so provided shall be maintained and made available permanently for that purpose . Reason for condition:- In the interest of highway safety. 3170 Provision of noise barrier Prior to use of the development a solid noise barrier shall be constructed as described in the Noise Impact Assessment dated 22nd June 2017 submitted with this application. It shall be constructed from the north-eastern corner of the car park to a position in line with the new building s south-eastern fa ade as shown in Figure 7 of the above Noise Impact Assessment. The barrier shall be 4m high and provide at least 10dB of sound attenuation. Reason for condition: In order to protect the amenities of nearby properties in accordance with Policy DC1 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 3250 Noise Mitigation Plan Prior to the commencement of development, a noise management plan shall be submitted to and approved in writing by the Local Planning Authority. The noise management plan should include details of noise control measures to be constructed or implemented and details of how they will be managed to ensure they continue to be effective, plus details of a formal system for recording and dealing with complaints and also include a review process. The development shall be operated in accordance with the agreed scheme. The scheme shall be made available, together with associated documentation, to the Local Planning Authority in the event of a complaint. Reason for condition: In order to protect the amenities of nearby properties in accordance with Policy DC1 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 3413 Indicated landscaping to be implemented The landscaping shown on the approved plan drawing no. LSDP11351-022 Rev A 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. NR09 No generators/air handling plant without consent

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

No generator, compressor, chilling unit or cooling fan shall be installed on the site without precise details of the equipment being submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the details as approved. Reason for condition:- In the interests of the amenities of adjoining residents in accordance with policy DC1 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. NR22 Refrigeration unit vehicles Stationery delivery vehicles with refrigeration units shall be powered by mains electricity supply only, and shall not use engine powered generators during times of delivery or when parked outside hours of delivery. Reason for condition:- In the interests of the amenities of adjoining residents in accordance with policy DC1 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 2000 NOTE: Application Approved Without Amendment The Local Planning Authority has acted positively and proactively in determining this application, (having engaged with the Applicant at the pre-application stage), and by assessing the application against all material considerations, including national guidance, planning policies and representations that have been received during the public consultation exercise and subsequently determining to grant planning permission within the statutory timeframe/in as timely a manner as possible in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

Copies of all documentation submitted in connection with this application can be viewed online at http://www.breckland.gov.uk/content/planning-search-0 NR08 No loudspeaker radio etc. outside building No loudspeaker, amplifier, relay or other audio equipment shall be installed or used outside the building. Reason for Condition:- In the interests of the amenities of adjoining residents in accordance with policy DC1 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. 3549 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 agreed in writing with 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. 2014 Criterion E - Planning Apps Where Approved Appeals against planning decisions

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

If you want to appeal against your local planning authority's decision then you must do so within 6 months of the date of this notice.

Appeals must be made using a form which you can get from the Secretary of State at Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN or online at www.planningportal.co.uk

The Secretary of State need not consider an appeal if it seems to the Secretary of State that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order. 3104 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 3946 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.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

This condition will require to be discharged HA27 Cycle parking - achievable No works shall commence on site until a scheme for the parking of cycles has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be fully implemented before the development is first occupied or brought into use and thereafter retained for this purpose. Reason for condition:- To ensure the provision of adequate cycle parking that meets the needs of occupiers of the proposed development and in the interests of encouraging the use of sustainable modes of transport. This condition will require to be discharged

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

ITEM: 5 RECOMMENDATION: APPROVAL REF NO: 3PL/2017/1285/O CASE OFFICER Lisa ODonovan

LOCATION: WEETING APPNTYPE: Outline 6 Cromwell Road POLICY: Out Settlemnt Bndry Weeting ALLOCATION: N CONS AREA: N

APPLICANT: Mr Robert Childerhouse LB GRADE: N C/O Agent AGENT: Compass Point Planning TPO: N Lynn Lodge Lynn Road PROPOSAL: Proposed dwelling

REASON FOR COMMITTEE CONSIDERATION The application is brought to Committee as the recommendation is contrary to Policy.

KEY ISSUES Principle of development Impact on character and appearance of area Amenity impact Highway safety Ecology implications

DESCRIPTION OF DEVELOPMENT The application seeks outline consent with all matters reserved for the erection of a single dwelling on land to the rear of 6 Cromwell Road.

SITE AND LOCATION The site lies to the rear of No.6 Cromwell Road Weeting, the dwelling and part of the garden of which lies inside the Weeting Settlement Boundary however the application site itself falls outside. Other residential uses lie to the east, south and south-west of the site with more sproradic development to the north-west. The site lies inside the stone curlew buffer zone but is surrounded by other development and forms part of a residential garden area.

EIA REQUIRED No

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

RELEVANT SITE HISTORY 3PL/2011/1102/F - Development of 35 dwellings, new access, 24 allotments, community woodland, open space and assoc. landscaping - Allowed on appeal.

3PL/2013/0258/O - 24 residential dwellings (Outline application) - Permission

3PL/2015/0551/F - Revised access and pedestrian cycleway to residential development of land to the north of Cromwell Road - Allowed at appeal

CP.04 Infrastructure CP.10 Natural Environment CP.14 Sustainable Rural Communities 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

NORFOLK COUNTY COUNCIL HIGHWAYS No objection subject to condition. CONTAMINATED LAND OFFICER No objection subject to conditions.

It is noted that the applicant has submitted a Phase 1 Contamination Report (Desk Study and Walkover) dated 15 September 2011 Reference IE11/028/HJ. This report was previously submitted as part of application 3PL/2011/1102/F and the current proposed application site (excluding proposed access route) was considered in that report. At the time that application 3PL/2011/1102/F was considered, Contaminated

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

Land reviewed the above mentioned report and recommended the following: The Contaminated Land Officer has reviewed the Desk Study dated 15 September 2011, Ref IE11/028/HJ and comments as follows: While I accept the main conclusions of the report, the assessment of the potential risks from the backfilled pit in close proximity to the site require further consideration within the risk assessment. Therefore I have recommended a condition is attached to the planning permission. Conditions I refer to the above planning application. Our records indicate that there is a backfilled quarry in the vicinity of the application site. ECOLOGICAL AND BIODIVERSITY CONSULTANT No objection subject to informatives.

RAMBLERS ASSOCIATION: NORFOLK AREA No Comments Received WEETING P C No Comments Received

REPRESENTATIONS Site notice erected: 25-10-2017 Consultations issued: 20-10-2017 and further consultations issued 25-10-2017

No representations received.

ASSESSMENT NOTES 1.0 Principle of development

1.1 The application site is located outside of the Weeting 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. However, paragraph 49 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 and that housing applications should be considered in the context of the presumption in favour of sustainable development.

1.2 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 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

1.3 Paragraph 8 of the NPPF also stresses that these roles should not be undertaken in isolation because they are mutually dependent; therefore a balanced assessment against these three roles is required. In terms of the economic and social criteria, the proposal would provide one new dwelling and would therefore make a small 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

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 longer-term economic benefits through the additional household spend within the surrounding area that would be generated by the provision of a single dwelling.

1.4 No. 6 Cromwell Road and part of the garden lies inside the settlement boundary for Weeting, however the application site lies outside. Weeting is defined in Policy SS1 as a Service Centre Village which are defined as villages that contain adequate services and facilities to meet the day-to-day requirement of their existing residents. Given its close, adjoining relationship to the existing settlement boundary, the site is considered close enough to allow any future occupants to walk or cycle to these facilities which are a short distance away, approximately 600 metres to the south (0.4 mile). In addition, an improved footpath link is proposed via the above referenced application (3PL/2015/0551/F - Revised access and pedestrian cycleway to residential development of land to the north of Cromwell Road) which will enable easier walking links to the main Village. However, in terms of the existing situation without any other permissions being implemented the residents of the new dwelling could access the facilities in the village either via Lynn Road or by using the public footpath in the other direction which joins up with Angerstein Close. The proposal is therefore considered to meet the social objectives.

1.5 Environmentally, although outside the Settlement Boundary, the site is immediately adjacent to it and is adjoined either side by other residential uses. The Council's Landscape Character Assessment indicates that the site falls within the C1: The Brecks of Thetford Forest. Development considerations here include: conserve wooded skylines to views and ensure that new development to the edges of defined settlements does not breach this; conserve historic vernacular and ensure that any potential future development reflects these styles/use of materials; conserve the predominantly 'remote' and unsettled/undeveloped character of Thetford Forest; monitor existing pattern of urban edge to development and growth to settlements; maintain existing rural character of the road network, resisting traffic pressures and traffic calming measures which could have an urbanising influence and explore opportunities for enhancing recreational access, particularly to the historic drove road to the west of Weeting. The proposal would consolidate the existing pattern of development. Whilst this will result in some loss of character given the current garden use, the harm would be limited given the following factors:

- site proportions and location will maintain a spacious character and will not affect the appearance of the existing pattern of development along Cromwell Close; - the proposal will not appear isolated given the close proximity and relationship to existing residential development; - the proposal would not cause material harm to the character and appearance of the area.

1.6 The combination of all of these environmental factors together and not in isolation result in the proposal satisfying the environmental role of sustainable development.

1.7 Footnote 11 of the NPPF confirms that the site should be in a sustainable location, available now and have a realistic prospect of being developed within five years.

1.8 With regard to availability and delivery, this is a full application and the site is within the applicant's ownership and available now, making the development deliverable within a reduced period of two years to meet the housing shortfall. It is recommended that the time limit is reduced to two years for commencement in accordance with other applications in Breckland, approved under the five year supply.

1.9 It is concluded that the proposal would not result in an isolated development in the countryside. The scheme would provide one additional dwelling, generate some economic activity and be developed without causing significant harm to the character and appearance of the area.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

2.0 Impact on character and appearance of the area

2.1 Policy DC16 seeks to ensure the highest standards of design are achieved in all new development.

2.2 The application is on outline only will all matters reserved. As a result, design and appearance will be properly assessed at reserved matters stage. Notwithstanding this, the site is surrounded by other residential uses and it is considered that development in this location in unlikely to give rise of any adverse impact on character given its location away from obvious public vantage points. The application is therefore considered to comply with Policy DC16 and paragraph 17 of the NPPF.

3.0 Amenity impact

3.1 Policy DC1 seeks to protect residential amenity. As stated above, the application is submitted in outline with all matters reserved, therefore residential amenity will be considered at reserved maters stage. Notwithstanding this, the site dimensions and orientation is such that a dwelling could be accommodated within the site without causing undue pressure on the current level of amenity enjoyed by neighbouring occupants, particularly in terms of overlooking, loss of light, over-dominance and increased noise and disturbance. In light of these factors, the proposal is considered to have due regard to Policy DC1 and paragraph 17 of the NPPF.

4.0 Highway safety

4.1 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.

4.2 The application proposes to utilise the existing access to the south-east of Lynn Lodge, although, as stated, all matters remain for consideration at reserved matters stage. The Highways Authority was consulted and advised that whilst it would be preferable that the site was served by the proposed new estate road granted permission under references 3PL/2011/1102; 2013/0258 and 2015/0551, it was considered that this would be unreasonable as this would mean that the occupation of the plot would be reliant on the estate first being constructed.

4.3 The private track is, in the main, of single track width but allows for a two-way flow of traffic for at least 5 metres from its junction with Lynn Road. It is therefore considered that the increase in its use, for a single dwelling would not have an adverse impact on the highway network. It is also considered that visibility at the junction of the private track with Lynn Road is satisfactory.

4.4 It is noted that conditions were appended to 3PL/2015/0551 requiring the upgrade of Footpath 18 to a footway/cycleway. The access arrangements to this site must therefore need to take this requirement into account including providing an acceptable level of visibility from the access onto the footway/cycleway.

4.5 In light of the above, the application is considered to have due regard to Policy CP4 and paragraph 32 subject to a condition requiring that visibility, parking and turning area all submitted within any reserved matters submission.

5.0 Ecology implications

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

5.1 Whilst garden land, the site is within the 1500m buffer zone of the Breckland Special Protected Area (Stone Curlew Buffer). As a result the Ecology Team was consulted on the proposal. It was concluded that the site currently forms a rear garden of an existing dwelling which is not considered to provide any significant habitat for protected species and there are no permanent habitat features where protected species could live or breed as the majority of the plot is short mown grass. In light of this, the plot is unlikely to have any significant impact on the qualifying features of the SPA and subject to an informative note relating to protected species and nesting birds on any permission given, the proposal si considered to have due regard to Policy CP10.

6.0 Conclusion

6.1 In conclusion, it is considered that the proposal would constitute a sustainable form of development as defined in Paragraph 7 of the NPPF, which would help to support the local rural community, would not compromise local amenity and would not adversely impact the character and appearance of the surrounding area. The application is therefore recommended for approval.

RECOMMENDATION Outline Planning Permission

CONDITIONS

3005 Outline Time Limit (2 years) 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 ONE YEAR 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. 3058 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. 3047A 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. 3920 Highways requirements Application for Approval of Reserved Matters must include: - Access arrangements; - Visibility; - Parking in accordance with adopted guidelines; and,

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

- Turning. Reason for condition:- To ensure the satisfactory development of the site and to ensure a safe and suitable access. 3994 Contaminated Land informative NOTE - Where remediation of contaminated land is required, the developer is advised to put in place measures to ensure that any future alterations/extensions to the development do not undermine completed remediation works and, if appropriate, that the future alterations/extensions include the same scheme of remediation as that included in the original development. 3994 Protected species informative Occasionally European protected species, such as great crested newts, reptiles, nesting birds can be found during the course of development even when the site appears unlikely to support them or after an ecological survey has found no previous evidence of them. In the event that this occurs, it is advised that the developer stops work immediately and seeks the advice of a suitability qualified ecological consultant and/or the relevant statutory nature conservation organisation. 3994 Nesting birds informative The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while the nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates, unless a recent survey has been undertaken by a competent ecologist to assess the nesting bird activity on site during this period and has shown it is absolutely certain that nesting birds are not present. 4000 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. 3996 Note - 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. 2000 NOTE: Application Approved Without Amendment The Local Planning Authority has acted positively and proactively in determining this application, and by assessing the application against all material considerations, including national guidance, planning policies and representations that have been received during the public consultation exercise and subsequently determining to grant planning permission in as timely a manner as possible in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

Copies of all documentation submitted in connection with this application can be viewed online at http://www.breckland.gov.uk/content/planning-search-0 2014 Criterion E - Planning Apps Where Approved Appeals against planning decisions

If you want to appeal against your local planning authority's decision then you must do so within 6 months of the date of this notice.

Appeals must be made using a form which you can get from the Secretary of State at Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN or online at www.planningportal.co.uk

The Secretary of State need not consider an appeal if it seems to the Secretary of State that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order. 3060 Standard outline landscaping 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 for a landscaping and tree planting scheme, which shall take account of any existing trees or hedges on the site. 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. Reason for condition:- The details are not included in the current submission. This condition will require to be discharged

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

3949 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 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 3946 Contaminated Land - Unexpected Contamination

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

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) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

ITEM: 6 RECOMMENDATION: REFUSAL REF NO: 3PL/2017/1104/F CASE OFFICER Laura Craddock

LOCATION: HILBOROUGH APPNTYPE: Full The Dairy POLICY: Out Settlemnt Bndry Brandon Road, Hilborough ALLOCATION: N CONS AREA: Y

APPLICANT: Ms Sarah Mennell LB GRADE: Adjacent Grade 2 The Dairy Brandon Road AGENT: Clayland Architects TPO: N The Glass House Lynford Gardens PROPOSAL: Erect a new detached four-bedroom home with double garage

REASON FOR COMMITTEE CONSIDERATION The application has been called in at the request of a ward councillor

KEY ISSUES Principle of development Impact on the character and appearance of the area Impact upon amenity Impact upon highway safety Trees/landscaping Ecology/Natural environment

DESCRIPTION OF DEVELOPMENT The application seeks permission for the erection of a two storey, detached, four bedroom dwelling and integral double garage on land formerly associated with The Dairy. It is proposed to construct the dwelling using brickwork and flint (details to be agreed) and traditional pantiles (details to be agreed). Access is proposed to the existing track/access to the west of the site.

SITE AND LOCATION The application site is grassed and lies between existing residential dwellings along Brandon Road (A1065) and is associated with The Dairy. The land lies within a conservation area. The surrounding dwellings comprise of traditional brick and flint, and painted render. There is a rural and traditional character to the area. A grade II listed building (Elm Cottage) lies to the south-west of the site, on the opposite side of Brandon Road.The application site is not within a settlement boundary.

EIA REQUIRED

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

RELEVANT SITE HISTORY

3PL/2017/0080/F Refusal 16-03-17 Erection of new detached four-bedroom home with double garage.

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.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

NORFOLK COUNTY COUNCIL HIGHWAYS In conclusion, it is the opinion of the Highways Authority that, if permitted, the proposal would result in the intensification of an access considered wholly substandard by reasons of the inadequate visibility onto a Principal County Highway (A1075 Brandon Road) whose primary purpose is to carry large volumes of traffic safely between centres of population.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

The increase in the additional slowing, stopping and turning traffic together with the substandard nature of the access would introduce conditions of danger and conflict with the likelihood of collision and personal injury accident. The Highways authority would therefore have no hesitation in recommending that permission be refused. ECOLOGICAL AND BIODIVERSITY CONSULTANT The application is supported by a Preliminary Ecological Appraisal. The report is fit for purpose. It states that the ecological constraints at the application site are small. No adverse impacts on the designated features of the Natura 2000 sites are predicted; the development is small and located at a distance from Breckland SAC/SPA so that direct impacts are unlikely to occur and indirect impacts are considered negligible as the development comprises a net increase of only a single residential dwelling. If the application is approved, it is recommended that northern boundary features are protected, artificial lighting be designed to avoid harm to bats, and habitats for birds and bats be introduced. HISTORIC BUILDINGS CONSULTANT No objection. TOWN PLANNING TECHNICIAN SOUTH EAST NETWORK RAIL Network Rail has no comment on this application. HILBOROUGH P C No comment.

REPRESENTATIONS The application was advertised in the local press between 13.09.17 and 06.10.17. A site notice was posted on 13.10.17 and neighbours were notified. Five local residents have given their support to the application, summarised as follows: - The plans appear attractive and in keeping with the area. - The location is a logical infill between existing properties. - The land is of no particular importance for wildlife. - By having one more residence with a family like those that already reside here would only improve the area and the community. - I drive everyday to the addresses which are already present on the lane, adjacent to the proposed new build. I have never encountered any difficulties entering or exiting the aforementioned properties nor have I witnessed any incidents.

ASSESSMENT NOTES 1.0 Principle of development

1.1 The application seeks permission for the erection of one, two storey dwelling on land outside any defined settlement boundary. For this reason, the proposal conflicts in principle with policies SS1, DC02 and CP14 of the Core Strategy and Development Control Policies Development Plan Document, (2009), which seek to focus new housing within defined Settlement Boundaries. The application is therefore assessed against the benefits provided in relation to the sustainable development tests as set out in the NPPF.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

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.

1.4 Economic - whilst the land is within the applicant's ownership and is therefore available and would cause some economic benefit by way of providing jobs in relation to the construction, the small scale of the proposed development means that this will be minimal.

1.5 Social - The village of Hilborough is classified in Policy SS1 as a rural settlement. These are settlements that have few local services and are not therefore capable of sustaining consequential growth as many are completely reliant on higher order settlements for services and facilities. The nearest market town, Swaffham is approximately 6 miles away to the north. The occupiers of any new dwelling here would therefore be highly reliant on car use to get to higher order settlements, which is contrary to Policy CP14 and paragraphs 11, 12 and 14 of the NPPF. It is acknowledged that Breckland District cannot currently demonstrate a five year housing land supply; however, given the small scale of the proposed development, the positive impact on housing delivery would be minimal.

1.6 Environmental - It is accepted that there are other dwellings to the north-east and north-west of the site and also that the dwelling would be constructed using sustainable principles in terms of its construction however it is not considered that these issues would materially outweigh the harm caused by approving further development in an unsustainable location.

1.7 In light of the above factors, the proposal is not considered to offer significant benefits in order to outweigh the harm caused by approving the creation of one new dwelling contrary to the above mentioned policies.

2.0 Impact on the character and appearance of the area

2.1 The land is currently an unused grassed area that was previously associated with The Dairy and would therefore relate as infill development. A track, including parking for the adjacent dwellings lies to the west; this would also serve the proposed dwelling. Whilst an open area, the land is not designated as open space and does not protect any views or provide an important streetscene gap given the spacious and varied character of development in the area. It is also proposed to construct the proposed dwelling using appropriate materials, although precise details would be subject to condition. The proposed scale would be proportionate in terms of the plot size and the varying size and scale of the adjacent dwellings.

2.2 The application site lies within the Hilborough conservation area. There are a number of listed buildings within the area, with grade II Elm Cottage directly opposite the application site. Any decisions relating to listed buildings and conservation areas must address the statutory considerations of the Planning (Listed Buildings and Conservation Areas) Act 1990, in particular sections 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

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 to ensure that new development preserves and enhances the character, appearance and setting of conservation areas and listed buildings.

2.3 It is not considered that Elm Cottage's significance is derived from the application site and development within the application site would not impact on views to or from the listed building or harm its significance.

2.4 The Hilborough conservation area includes a wide area incorporating housing and the green spaces surrounding it. It is characterised by a varying pattern of development; however along Brandon Road, traditional brick and flint dwellings and primarily larger houses define the character and appearance.

2.5 The proposal incorporates a dwelling that would draw on the design influences in the area and the materials are shown to be in accordance with others in the vicinity, although specific details would need to be agreed. In addition, the land at present is not considered to be an important streetscene gap or positively impacting on the character and appearance of the conservation area. For these reasons, the proposal is not considered to have an adverse impact on the character and appearance of the Hilborough Conservation Area.

2.6 The Historic Buildings Officer has considered the proposal and has no objections.

2.7 The design of the proposed dwelling and its impacts on the character and appearance of the area, including heritage assets, is considered acceptable. The proposal complies with policies DC1, DC16 and DC17.

3.0 Impact on amenity

3.1 The proposed dwelling would be positioned approximately 6.2 metres (shortest distance) to 9.4 metres (furthest distance) to the boundary with the nearest neighbouring dwelling, which is No.52 to the north east. No first floor side windows are proposed along this elevation, therefore neighbour amenity in terms of overlooking is unlikely to be an issue.

3.2 The Dairy and Charlies Barn area located to the south/south east of the proposed dwelling. There are minimal window and door openings within the eastern flank walls of these properties therefore neighbour amenity is again unlikely to be affected to this side.

3.3 The orientation of the plot is such that any overshadowing or loss of views would be minimal and not constitute unacceptable harm.

3.4 The dwelling would not appear overbearing given the spacious plot size and distances to the boundaries and there would be sufficient private outdoor amenity space for any future occupiers.

3.5 It is considered the proposals are in accordance with policy DC1.

4.0 Highway safety

4.1 The proposal seeks to create a new dwelling to be served by a private track that derives access directly from A1075 Brandon Road. Brandon Road is designated as a Corridor of Movement in the County Council's Route Hierarchy, whose primary purpose is to carry large volumes of traffic, including HGVs, safely between centres of population.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

4.2 The Highways Authority has considered the proposals. They had advised that the vicinity of the site Brandon Road is subject to a 40 mph speed restriction for which Government safety standards, as set out in the Design Manual for Roads and Bridges, require clear access visibility of 120m from a 2.4m set back. In this instance, whilst visibility to the south west is considered satisfactory, visibility to the north east is reduced to some 54m. This level of visibility represents just 45% of the recommended safety standard.

4.3 Further, forward visibility in the same direction is in the order of 90m where, again, 120m is the recommended safety standard. Forward visibility is essential to allow a driver travelling from the north east sufficient time to slow down and react to a vehicle turning into/out of the access. In this instance the available forward visibility only achieves 75% of the recommended safety standard.

4.4 The site is described as being "unused amenity land" which consequently generates a negligible amount of traffic, if any, on a regular basis. By comparison a dwelling would be expected to generate an average of 6 vehicular movements, per day, plus those associated with deliveries and other visitors to the property. The existence of an access in this location is a matter of fact and therefore some degree of conflict and interference to the passage of through vehicles already occurs. However it is considered that the intensification of its use in the manner proposed would increase the potential for collision and personal injury accident in particular as this could create a precedent for similar proposals on the adjoining land.

4.5 The Highways Authority advised that a plot of land adjacent to this site was the subject of an application for a single dwelling (3PL/2016/0597) that was refused by the Authority and was subsequently dismissed at Appeal by the Planning Inspectorate. The inspector endorsed the highway safety concerns regarding the intensification of the private access track and advised: "turning right out of the site access would present a degree of risk. Vehicles approaching along A1065 from the north-east would have relatively little time and distance to react to an emerging vehicle. Even at 40mph, the severity of an impact could be significant, and, given the busy nature of the road, the probability of an impact is reasonably high. Although the property would only generate a handful of vehicular movements a day, the limited visibility and the risk of incident is significant. In conclusion, the proposed development would have a harmful effect on highway safety".

4.6 In conclusion, it is the opinion of the Highways Authority that, if permitted, the proposal would result in the intensification of an access considered wholly substandard by reasons of the inadequate visibility onto a Principal County Highway (A1075 Brandon Road) whose primary purpose is to carry large volumes of traffic safely between centres of population.

4.7 The increase in the additional slowing, stopping and turning traffic together with the substandard nature of the access would introduce conditions of danger and conflict with the likelihood of collision and personal injury accident.

4.8 The Highways authority recommend that permission be refused for the reasons above.

5.0 Trees and landscaping

5.1 There are a number of trees within the application site. None are protected by TPOs but are afforded protection due to their location within the conservation area. An Arboricultural Report has been submitted that sets out that group of hawthorn at the southern corner would be coppiced and a sycamore tree appears to be dead and should be removed. The Report sets out how works to trees and construction work should be undertaken to ensure correct tree protection.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

5.2 The approaches to tree work are considered acceptable and in accordance with policy DC12.

6.0 Impact on the natural environment/ecology

6.1 The site lies in close proximity to various designated sites (Breckland Special Protected Area (SPA), Breckland Farmland Site of Special Scientific Interest (SSSI), Hilborough SSSI, Breckland Forect SSSI, Great Cressingham SSSI and Breckland Special Area of Conservation (SAC).

6.2 The Natural Environment team have considered the proposal. They note that the application is supported by a Preliminary Ecological Appraisal (PEA) that is, in their opinion, is fit for purpose. The PEA states that the ecological constraints at the application site are small. Specifically it notes: · The proposed development is located within Natural England's SSSI Impact Risk Zone (IRZ); · The northern boundary trees are likely to be utilised by foraging and commuting bats.

6.3 The Natural Environment team have advised that no adverse impacts on the designated features of the Natura 2000 sites are predicted; the development is small and located at a distance from Breckland SAC/SPA so that direct impacts are unlikely to occur and indirect impacts are considered negligible as the development comprises a net increase of only a single residential dwelling.

6.4 The applicant has also submitted a Habitat Regulations Assessment (HRA). The HRA concludes that the potential for any likely significant effects to the qualifying features of Breckland SPA resulting from the proposed development of a single new dwelling within the existing village of Hilborough is considered to be negligible. However, it recommends mitigation in the form of acoustic fencing during the construction period to supress construction noise, preventing it from reaching areas where stone curlew are nesting and foraging, to further ensure that any residual impacts are eliminated. The Natural Environment team have advised the HRA is fit for purpose and they agree with the report's conclusions and recommendations. It is advised that Breckland can adopt this report as the formal record of the HRA.

6.5 The Natural Environment team have advised that, should the application be permitted, conditions be included to ensure the northern boundary features are protected, artificial lighting would be designed to avoid harm to bats, and habitats for birds and bats would be introduced.

6.6 It is considered the proposals are in accordance with policy CP10.

7.0 Conclusion

7.1 The site is outside of any settlement boundary and therefore the proposal does not accord with Policies SS1, CP14 and DC2 of the adopted Breckland Council Core Strategy and Development Control Policies DPD. The development would not accord with the Development Plan and there are no material considerations that would outweigh this harm, in addition, the provision of one dwelling is unlikely to contribute significantly to the delivery of the five year housing land supply. As a result the proposed development is therefore not considered sustainable and would be contrary to paragraphs 12, 13, 14 and 17 of the NPPF.

7.2 The proposal also fails to meet the requirements of CP4 and paragraph 32 of the NPPF in terms of its access and the safety implications of allowing the intensification of the use of the substandard access in terms of its lack of visibility as well as the increased stopping, slowing and turning. The application is

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 therefore recommend for refusal.

RECOMMENDATION Refusal of Planning Permission

REASON(S) FOR REFUSAL

9900 Unsustainable development The site is located outside of any defined Settlement Boundary within a rural location which is remote from services and facilities, which would result in an isolated development and an over reliance on the private car. Although the proposal would make a modest contribution towards housing land supply, when weighing up the planning considerations, there are insufficient merits to justify overriding the demonstrable harm this proposal would cause. As such the proposal would not represent sustainable development, contrary to Paragraphs 7, 8, 47, 49 and 55 of the National Planning Policy Framework. 9455 Any highway reason for refusal The proposal would lead to an intensification in the use of an access onto A1075 Brandon Road, which is a busy principle route which carries significant traffic and would cause undue interference with the safe and free flow of traffic on this important traffic route. The existence of an access in this location is a matter of fact and therefore some degree of conflict and interference to the passage of through vehicles already occurs, but the intensification of that interference which this proposal would engender would be detrimental to highway safety. 9455 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. 2009 Criterion E - Planning Apps Where Refused Appeals against planning decisions

If you want to appeal against your local planning authority's decision then you must do so within 6 months of the date of this notice.

Appeals must be made using a form which you can get from the Secretary of State at Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN or online at www.planningportal.gov.uk/pcs.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

ITEM: 7 RECOMMENDATION: REFUSAL REF NO: 3PL/2017/1157/F CASE OFFICER Fiona Hunter

LOCATION: KEMPSTONE APPNTYPE: Full Whin Hills POLICY: Out Settlemnt Bndry Beeston Road, Kempstone ALLOCATION: N CONS AREA: N

APPLICANT: Mr & Mrs Bertram LB GRADE: N Kempstone Manor Farm AGENT: JWM Design TPO: N 23 Litcham Road Mileham PROPOSAL: Proposed dwelling & garage/games room outbuilding

REASON FOR COMMITTEE CONSIDERATION The application is presented to Committee at the request of the Ward member.

KEY ISSUES Planning Policy and Principle Sustainability and Accessibility Functional Need Design Landscape and Visual Impact Access, Highway Safety and Parking Ecology Trees

DESCRIPTION OF DEVELOPMENT This is a full planning application for the erection of a single dwelling with a detached garage / games room outbuilding. The new dwelling is designed to provide a significant amount of ground floor accommodation for the applicant, a local farmer, who has a number of serious and on-going health problems.

The proposed dwelling is required because the applicant's existing dwelling at Kempstone Manor Farm nearby is not readily adaptable to provide the ground floor accommodation and accessibility requirements of the applicant. The application site is located on land within the applicant's farmstead where he would be able to continue to oversee the continuing agricultural enterprise and on-going environmental stewardship.

The proposed dwelling and outbuilding have been designed to appear as a converted agricultural barn, with a central two storey section to reflect the main barn and lower single storey wings that would represent stables, stores and cart sheds.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

The ground floor area is 330 sqm. The first floor area is approximately 70 sqm, therefore a total of approximately 400 sqm of residential accommodation is proposed. In addition, the combined floor space of the garage / games / outbuilding is 134 sqm. In total, approximately 539 sqm of residential floor space is proposed

The dwelling and outbuilding are to be constructed of antique facing bricks laid in Flemish Bond, flint plinth, painted hardwood windows and red clay pantiles. Photovoltaic panels are proposed to the roof and heating via a ground source heat pump.

Access is to be via a new access off Beeston Road.

Foul drainage is to be managed using a new on-site package treatment plant out falling to a localised pond. Surface water is to discharge to the same localised pond.

SITE AND LOCATION The site is located in the open countryside outside of any defined settlement development limit on the West side of Beeston Road / Church Road approximately 2.5km South of Litcham and 3km West of Beeston. The site is considered to comprise a remote and unsustainable location.

The site comprises an irregular shaped parcel of land measuring 0.27 hectares forming part of the applicant's 280 hectare agricultural holding. Part of the site is covered by an existing hard standing (measuring 19m x 19m), used historically for the storage of crops.

There are two ponds adjacent to the site located to the North and west. There is a mature copse of trees to the North and mature hedges aligning Beeston Road / Church Road.

EIA REQUIRED No

RELEVANT SITE HISTORY None

CP.01 Housing CP.08 Natural Resources CP.09 Pollution and Waste CP.10 Natural Environment CP.11 Protection and Enhancement of the Landscape

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

CP.12 Energy 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.14 Energy Efficiency DC.16 Design DC.19 Parking Provision NPPF National Planning Policy Framework NPPG National Planning Practice Guidance

OBLIGATIONS/CIL Not Applicable

CONSULTATIONS

CONTAMINATED LAND OFFICER No objections subject to unexpected contamination condition. ENVIRONMENTAL HEALTH OFFICERS No objections. TREE AND COUNTRYSIDE CONSULTANT No objections. ECOLOGICAL AND BIODIVERSITY CONSULTANT No objection subject to nesting birds condition and retention of the Oak tree on the site frontage. If works are proposed to the Oak tree it should be the subject of a bat roost survey.

KEMPSTONE P C No Comments Received

REPRESENTATIONS None

ASSESSMENT NOTES 1.0 Planning Policy and Principle

1.1 The application proposes the erection of a single dwelling in the open countryside, the principle of which

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 is considered to be unacceptable.

1.2 The proposed dwelling is to be occupied by a local farmer with a number of identified debilitating health issues. The application has not been presented on the basis of functional need to support the applicant's agricultural enterprise. The dwelling is proposed because the applicant's existing farmhouse is not considered to be readily adaptable to improve ground floor accessibility and quality of life for the applicant. The proposed dwelling does not comprise a replacement dwelling, but instead is located in a different location to the existing farmhouse and farmstead. Moreover, the proposed dwelling is not to be created from the conversion of any existing buildings. The applicant's existing dwelling would be occupied by a family member or alternatively rented out or sold on the open market.

1.3 The site is located in the open countryside outside of any defined settlement limit in what should be regarded as a remote and unsustainable location.

1.4 Paragraph 6 of the National Planning Policy Framework (NPPF) states that the purpose of the planning system is to achieve sustainable development, which has three dimensions; economic, social and environmental. Paragraph 14 of the NPPF sets out a positive presumption in favour of sustainable development. For decision-taking, this means approving developments which accord with the development plan without delay; and where the development plan is absent, silent or relevant policies are out-of-date, granting permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits.

1.5 The District is currently unable demonstrate a 5-year supply of deliverable housing sites, and this is an application for a house, therefore in accordance with paragraph 49 of the NPPF, the application should be considered in the context of the presumption in favour of sustainable development. In considering the merits of this application, the starting point is therefore one of adopting a positive presumption in favour of supporting the proposed dwelling, unless there are any identified harms which would significantly and demonstrably outweigh the benefits of supporting the dwelling.

1.6 The Local Planning Authority considers that the remote, inaccessible and unsustainable location of the application site is a significant adverse harm which significantly and demonstrably outweighs the benefits of the proposed dwelling, and the application is therefore recommended for refusal on this basis.

1.7 Paragraph 17 of the NPPF sets out a number of core planning principles, which should underpin decision-taking, including actively managing patterns of growth to make the fullest possible use of public transport, walking and cycling. The location, remoteness and inaccessibility of the site is considered such that future occupants of the proposed dwelling would be almost exclusively reliant on the private car, which is considered to be a significant and demonstrable harm weighing against the benefits of the application.

1.8 Section 6 of the NPPF sets out to deliver a wide choice of high quality homes and housing applications should be considered in the context of the presumption in favour of sustainable development. To help deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities, local authorities should, amongst other things, plan for a mix of housing based on current and future demographic trends, market trends and the needs of different groups in the community, including old people and people with disabilities. In this regard, the proposed dwelling is for an elderly farmer with debilitating health conditions, therefore the provision of a modern dwelling with a significant amount of accessible ground floor accommodation to meet his personal needs weighs in favour of the application.

1.9 Paragraph 55 of the NPPF states that to promote sustainable development in rural areas, housing

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 should be located where it will enhance or maintain the vitality of rural communities and local planning authorities should avoid new isolated homes in the countryside unless there are special circumstances, such as the essential need for a rural worker to live permanently at or near their place of work in the countryside, optimal viable re-use of heritage assets, re-use of redundant or disused buildings and lead to an enhancement to the immediate setting and a new dwelling of exceptional quality or innovation. Whilst this list of special circumstances is not exclusive, the particular personal health circumstance of the applicant are not considered to be sufficient to warrant supporting an isolated new dwelling in the open countryside. Furthermore, the proposed dwelling is not considered to be of such exceptional quality or innovation to justify being supported in this location, likewise the proposal has not be advanced on the basis of there being a functional need for the dwelling to oversee the applicant's agricultural enterprise.

1.10 Policy SS1 of the Adopted Core Strategy sets out the Council's approach to the spatial distribution of housing, which clear priority given to the key centre of Thetford, followed by the market town for substantial growth (Attleborough), the market towns of Dereham, Swaffham and Watton and then the local service centres. The supporting text to Policy SS1 makes it clear that Breckland's large areas of predominantly undeveloped agricultural land do not represent sustainable options for development. This approach is suppoted by Policy CP1 of the Adopted Core Strategy which sets out the spatial distribution of housing delivery in the district, and housing is not proposed to be provided or supported in locations in the open countryside. Furthermore, although Policy CP14 of the Adopted Core Strategy and Development Control Policies DPD provides some scope for residential development in rural areas to maintain the sustainability and viability of the countryside, this should comprise only of very small scale proposals within identified development limits, in order to focus development to sustainable rural villages where there are at least some services and facilities, not isolated, inaccessible and unsustainable sites in the open countryside.

1.11 Overall in relation to the matter of planning policy and principle, it is considered that the principle of the proposal in the open countryside is unacceptable. Moreover, the remote, isolated and inaccessible location of the site, necessitating travel using the private car for even the most basis of services and facilities, renders the proposal unsustainable, weighing significantly and demonstrably against the benefits of the provision of a dwelling to meet the personal circumstances of the applicant.

2.0 Sustainability and Accessibility

2.1 The site is located in the open countryside down a quiet, narrow unlit lane with no footpaths. The nearest settlements are Litcham and Beeston, located approximately 2.5km and 3.0km away. Litcham is a Local Service Centre and offers a small number of services and facilities. Beeston is the lowest order 'Rural Settlements' offering a very limited range of services and facilities. The nearest higher order settlements of Swaffaham and Dereham are approximately 5 and 7 miles away. There are no regular bus services passing by the application site. As such, access to and from the site is almost exclusively reliant on the private car, for daily and weekly shopping needs. GP and hospital visits, which are likely to be regular given the applicant's stated health problems, would equally be reliant on the private car. The remoteness and poor accessibility credentials of the application site render the site unsustainable and weigh significantly and demonstrably against the proposal.

2.2 The proposals have a number of economic and social sustainability benefits, including jobs for the construction industry and allied trades during the construction phase of the development. More significantly, the proposal would provide a dwelling for an elderly local farmer with clear local connections and the need to provide improved, modern and accessible ground floor accommodation in light of the stated health problems is not questioned. Due weight should attached to these identified benefits.

2.3 With regards to environmental sustainability, the proposals would exert some harm in terms of loss of

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 rural character, however this would be very localised and not substantial and the design of the buildings themselves are considered to be reflective of a barn conversion and thus acceptable. The site is stand alone and doesnot possess and specific environmental constraints which weigh against the proposals.

3.0 Functional Need

3.1 The application has not been presented on the basis that there is a functional need for an agricultural working to live permanently in the countryside to be within site and sound of an agricultural enterprise. It is the case that the applicant is an elderly farmer living locally at Kempstone Manor Farm. The basis of the application is that this existing dwelling is not fit for purpose in terms of the applicant's current and continuing health problems, and moreover, is not easily adaptable to provide the level of improved accommodation required.

4.0 Design

4.1 The application has been designed to appear as a converted barn and it is considered that the proposal is successful and acceptable in this regard. Although the building is clearly large, the appearance is reflective of a converted rural barn and the use of single storey elements helps to reduce the height, scale and mass of the building. Subject tot he use of quality materials, which could be conditioned, to include facing materials, roof tiles, windows hard and soft landscaping and boundary treatments, it is considered that the proposed design is acceptable and accords with Policy DC16 of the Adopted Core Strategy and Development Control Policies DPD, 2009.

5.0 Landscape Character and Visual Amenity

5.1 The proposed dwelling and outbuilding comprise very large buildings (consisting of a total of 539 sqm of floor space and a maximum ridge height of 8.5m). Part of the application site comprises an existing concrete pad measuring 19m x 19m, and it is understood that there was once a building on the land to the North, however this was removed approximately 30 years ago. It is considered that the introduction of the proposals into what is presently a flat agricultural landscape, would have a significant and material impact on the character and appearance of the open countryside. That said, there are mature hedges aligning Beeston Road and there is a mature copse of trees to the North of the application site. Together, these existing natural landscape features would help to soften and partially screen the visual appearance of the buildings in wider views in the countryside. For those travelling immediately past the application site the proposals would be undoubtedly visible and so there would be some very localised harm in terms of loss of rural character. In this regard, it is considered that the proposals would not protect the landscape for the sake of its own intrinsic beauty and this very localised loss of rural character weighs against the benefits of the proposal. However, this localised harm is not considered to be so significant and adverse to warrant refusal of the application on this basis. On balance, the proposals are therefore considered to be acceptable in relation to Policy CP11 of the Adopted Core Strategy and Development Control Policies DPD, 2009.

6.0 Access, Highway Safety and Parking

6.1 The application site is to be accessed from Beeston Road via a new access. The road is straight with acceptable visibility splays for the speeds of traffic. Within the site there is adequate provision of off-street parking and turning space, therefore the proposals are considered to be acceptable in relation to access, highway safety and parking.

7.0 Ecology

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The Ecologist has no objections subject to a nesting birds condition. If any works are proposed to the Oak Tree on the site frontage, a survey for bat roosts should be undertaken. It is considered that conditions could satisfactorily deal with these matters. The proposals are therefore considered to be acceptable in relation to Policy CP10 of the Adopted Core Strategy and Development Control Policies DPD, 2009.

8.0 Trees

8.1 The Tree Officer has no objections provided that there is no requirement for hedgerow removal to achieve highway visibility splays. The applicant is in control of the hedges either side of the proposed access and would cut and prune these as part of the normal agricultural land maintenance practices. There is no requirement to remove the hedges to achieve the required visibility splays. The proposals are therefore considered acceptable in relation to Policy DC12 of the Adopted Core Strategy and Development Control Policies DPD, 2009.

9.0 Other Matters

9.1 The Contamination officer has advised a standard condition to deal with any unexpected contamination.

10.0 Planning Balance and Conclusion

10.1 The Council cannot demonstrate a 5-year supply of deliverable housing sites, therefore this application for a dwelling should be considered within the context of the presumption in favour of sustainable development unless there are any identified harms which would significantly and demonstrably outweigh the benefits. Whilst the proposals would have a number of sustainability benefits, including provision of much needed improved residential accommodation for the applicant, given his stated health problems, combined with positive economic sustainability benefits for the construction industry, and no substantial environmental harms, these benefits and factors must be weighed against the identified harms. The site is located in the open countryside in a remote, isolated and inaccessible location, reliant almost exclusively on the private car to access even the most basic of services and facilities. The site is therefore considered to comprise an unsustainable location and this identified harm is considered to weigh significantly and demonstrably against the benefits of the application. As a consequence, and by virtue of its remoteness, isolation and poor accessibility the proposal is considered to comprise an unsustainable and unacceptable location to accommodate the proposed development, contrary to Policies SS1, CP1, CP13, CP14 and DC2 of the Adopted Core Strategy and Development Control Policies DPD and paragraphs 17 and 55 of the National Planning Policy Framework, which seek to direct and focus housing to the most sustainable and accessible locations.

RECOMMENDATION Refusal of Planning Permission

REASON(S) FOR REFUSAL

9900 Non-std reason for refusal The site is located in the open countryside in a remote, isolated and inaccessible location, reliant almost exclusively on the private car to access even the most basic of services and facilities. The site is therefore considered to comprise an unsustainable location and this identified harm is considered to weigh significantly and demonstrably against the benefits of the application. As a consequence, and by virtue of its remoteness, isolation and poor

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

accessibility the proposal is considered to comprise an unsustainable and unacceptable location to accommodate the proposed development, contrary to Policies SS1, CP1, CP13, CP14 and DC2 of the Adopted Core Strategy and Development Control Policies DPD, 2009 and paragraphs 17 and 55 of the National Planning Policy Framework, which seek to direct and focus housing to the most sustainable and accessible locations.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

ITEM: 8 RECOMMENDATION: APPROVAL REF NO: 3PL/2017/1162/O CASE OFFICER Brian Timmons

LOCATION: WHINBURGH&WESTFIELD APPNTYPE: Outline Westwood Stud POLICY: Out Settlemnt Bndry Dereham Road ALLOCATION: N CONS AREA: N

APPLICANT: Mr Dave Greenwood LB GRADE: N Westwood Stud, Dereham Road WESTFIELD AGENT: Clayland Architects TPO: N The Glass House Lynford Gardens PROPOSAL: Proposed development of 3 dwellings

KEY ISSUES Principle of development Landscape character and appearance of the area Access and highway impact Impact on amenity Drainage and flood risk

DESCRIPTION OF DEVELOPMENT The application seeks outline planning permission with all matters reserved for a residential development of 3 dwellings on greenfield land to the north of Dereham Road at Westwood Stud in Westfield. This application follows the refusal of a similar scheme for 3 dwellings on 9th March 2017 (3PL/2016/1099/O).

The indicative site layout plan illustrates a scheme of detached dwellings arranged in a semi-circular layout around a central turning head. Each dwelling would be served by a generous residential plot. The proposed dwellings would be located to the rear of properties fronting Dereham Road. Indicative proposals include a wildlife buffer with additional planting proposed along three boundaries of the site, with an attenuation pond between plots 1 & 2. Access is proposed via a track from Dereham Road.

SITE AND LOCATION The site extends to approximately 0.7 hectares and comprises a parcel of land located approximately 600 metres to the south of the Settlement Boundary of Dereham in Toftwood. The site lies within a predominantly agricultural landscape, located by Westfield village, off Dereham Road, a minor road that runs through the village. The site itself comprises a block of grassland as part of the larger area used as paddocks. Although there is limited boundary treatment in place along the site's northern boundary, the site is generally well screened and enclosed through established hedgerows and trees forming

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 the northern, western and eastern boundaries of the larger paddock area.

The river Tud runs along the northern boundary of the paddocks to the north of the site. The site has a gentle fall to the north. To the south of the site is a field previously granted permission for four dwellings (3PL/2015/1264/F) and Westwood barn for which permission has been granted for the conversion into a residential dwelling.

A row of five dwellings which includes a mix of detached bungalows and two storey dwellings are located further to the south along Dereham Road. Residential development also exists to the east. The access drive to serve the site runs to the west of Seven Springs from Dereham Road.

EIA REQUIRED No

RELEVANT SITE HISTORY 3PL/2016/1099 - Erection of 3 dwellings - Refused. 3PN/2014/0044/UC - Conversion of brick and tile barn into residential dwelling at Westwood Stud - Approved. 3PL/2015/1264/F - Erection of 4 dwellings - Permitted

CP.01 Housing CP.04 Infrastructure CP.05 Developer Obligations CP.06 Green 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.04 Affordable Housing Principles DC.11 Open Space DC.12 Trees and Landscape DC.13 Flood Risk DC.16 Design

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

DC.17 Historic Environment DC.19 Parking Provision NPPF National Planning Policy Framework NPPG National Planning Practice Guidance SS1 Spatial Strategy

OBLIGATIONS/CIL Not Applicable

CONSULTATIONS

WHINBURGH & WESTFIELD P C The Parish Council objects on the grounds that:

(a) it is overdevelopment in that it puts a housing estate in a rural setting; (b)Westfield is a ribbon, straight-line village, and so the estate-style format is completely out of character with the local street scene; (c) the Council has objected on similar grounds to the development at Chapel Farm, Whinburgh, Breckland Council supported this view when it refused permission, and there is a need to have a consistent policy. NORFOLK COUNTY COUNCIL HIGHWAYS No objections subject to conditions. CONTAMINATED LAND OFFICER No objections subject to conditions. ECOLOGICAL AND BIODIVERSITY CONSULTANT No objections subject to suggested conditions. TREE AND COUNTRYSIDE CONSULTANT No significant arboricultural impact relating to the outline proposal.

REPRESENTATIONS None

ASSESSMENT NOTES 1.1 The application, in a slightly different format, has been assessed and refused planning consent by the council in a decision issued on 9th March 2017 (3PL/2016/1162/O). It should be noted policy CP11 is misquoted in the reason for refusal and it should read CP14. The reason for refusal was as follows;

"The proposals would introduce new residential development outside a settlement boundary and result in the

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 intrusion of built development into the open countryside. In addition, harm would be caused to the character and openness of the site and result in a development at odds with the character, appearance of the surrounding rural area. As a result the proposed development is contrary to policies SS1, CP1, CP11 and DC02 of the adopted Breckland Core Strategy and Development Control Policies DPD. The proposals would not form sustainable development, and the material considerations and benefits of the proposed development would not outweigh the harm caused. In addition given the size of the development it is also unlikely to contribute significantly to the delivery of housing and a five year land supply. The proposals would therefore be contrary to the policies contained within the National Planning Policy Framework, (NPPF), in particular paragraphs 12, 14, 17 of the NPPF".

1.2 There are no significant alterations to the number of units proposed, which remains at three, or the layout of the scheme, and in that respect it will be for the applicant to outline any considerations which would warrant the council forming an alternative view, effectively a reversal of the previous decision, on this occasion. To that end a Supporting Statement accompanies the application. The following paragraphs lay out the council's position on the principle of development under application 3PL/2016/1099/O, as described in the officer report relating to that application.

1.3 For decision making purposes, as required by Section 38(6) of the Planning & Compulsory Purchase Act 2004, the Development Plan comprises the Adopted Core Strategy and Development Control Policies Development Plan Document, together with the Site Specific Allocations DPD. Material considerations in respect of national planning policy are the NPPF and the more recently published National Planning Policy Guidance.

1.4 In relation to settlement boundaries, the objectives of Policy CP14 include focusing development in sustainable locations with access to key services and protecting the form and character of settlements. These objectives are consistent with the NPPF's key aims and so in this respect Policy CP14 can be afforded significant weight in accordance with paragraph 215. The site is located outside the settlement boundary in an area of open countryside to the south of the village, (as defined by policies SS1, DC02, CP01 and CP14 of the Core Strategy and Development Control Policies Development Plan Document 2009), where development is heavily restricted. As such the proposed development of 3 new dwellings would be contrary to the development plan.

1.5 Planning law requires that planning applications are determined in accordance with the development plan unless material considerations indicate otherwise. It is necessary to consider therefore whether in this case any such material considerations, including national planning policy, would justify a departure from policy.

1.6 Paragraph 49 states that housing applications should be considered in the context of a presumption in favour of sustainable development. The NPPF defines sustainable development in broad terms by reference to economic, social and environmental considerations and indicates that planning should seek gains in relation to each element. The provision of housing to meet local needs is identified as a key component of sustainable development and in this respect the NPPF seeks to boost significantly the supply of housing. The conservation of the natural environment is also central to the NPPF, including protecting valued landscapes and minimising effects on biodiversity. In order to promote sustainable development in rural areas, the NPPF indicates that housing should be located where it will enhance or maintain the vitality of local communities.

1.7 The proposals would be located in the open countryside and would result in the loss of part of an open field. The proposed dwellings would abut dwellings already permitted and would not result in isolated development or be remote form other settlements. In terms of locality, it is noted that whilst the site is relatively close to Dereham there is no footpath linking the site to Dereham and no regular or frequent bus

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 services, and therefore new residents would be reliant on the private motor vehicle for many employment, education, health and retail needs. Whilst it is clearly noted as set out in the NPPF that accessibility will vary between rural and urban areas, having regard to the above there is nothing in the location, type and scale of the application proposals that would justify a departure from the policies in the development plan.

1.8 It is noted that the new 3 households would provide some economic support for existing shops and facilities and contribute to the vitality of the local community. The construction of the development would have some short-term economic benefits. It is also noted that the residential use would also be compatible with the residential properties that border the site. However, these economic and social benefits due to the limited scale of development proposed are not considered to be significant.

1.9 In terms of availability and delivery, Paragraph 47 of the NPPF requires new sites for housing development to be deliverable, which is defined as being available now, suitable in terms of location and be achievable in respect of housing being developed on the site within the next five years. Whilst the application is submitted in outline there is nothing to suggest that there are any technical constraints which would prevent the development coming forward in the short term.

Agent's Supporting Statement

1.10 As stated the application is accompanied by a Supporting Statement setting out the case for approval. It is firstly stated that as the council cannot currently demonstrate a five-year supply of housing land, Policy CP14 cannot be considered to be up to date (NPPF Para. 49) and there is therefore a presumption in favour of sustainable development meaning that permission for development should be granted unless any adverse impacts of so doing would significantly and demonstrably outweigh the benefits (Paragraph 14).

1.11 Recent case law developments in the Supreme Court, "Richborough Estates v. Cheshire East, Suffolk Coastal v. Hopkins Homes", has confirmed that even in the absence of a five year housing land supply, policies such as CP14, which deal with the restriction on housing location, are not "policies for the supply of housing" as per paragraph 49 and can therefore still be considered and afforded appropriate weight in any planning balance. The weight afforded to the policy will depend on a number of issues including its general conformity to the aims of the NPPF. As detailed above it is considered that the aims of the policy closely resemble those of national guidance within the NPPF, in relation to sustainable rural housing provision. In that respect it is advised that the policy should carry significant weight in any planning balance.

1.12 However as confirmed in the judgement, the absence of a five year housing supply, is enough to engage the so called "tilted balance" of Para 14. Crucially the weight to be afforded to Policy CP14 is not diminished in assessing whether the adverse impacts demonstrably outweigh the benefits as this is a matter of planning judgement for the decision maker.

1.13 As detailed above the council in applying this judgement previously, has concluded that the limited economic and social benefits of this scheme would not outweigh the demonstrable environmental harm in relation to impact on the countryside and the piecemeal and unsustainable nature of meeting local housing need in this way.

1.14 The Supporting Statement makes the point that any interpretation of sustainability should also focus on the social and economic elements as detailed in the NPPF. It is considered that such a balancing exercise, which has looked at the provision of housing, its social benefits and the economic attributes of the scheme, has been comprehensively carried out. As paragraph 8 of the NPPF outlines, there are three strands to sustainability; economic, social and environmental, each mutually dependent, and not assessed in isolation from each other. It is considered a robust analysis of the relevance of each strand to this proposal has been

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 undertaken. It is concluded the positive attributes do not outweigh demonstrable harm.

1.15 The report provides a detailed analysis of the importance of rural housing to rural communities. Officers would contend that the best way to meet future need is through the structured and robust nature of the plan making process. The vitality and viability of rural communities and their economic growth will be a central policy element of any future local plan.

1.16 The Supporting Statement suggests that the site is sustainable from an access viewpoint, and whilst this is a matter of conjecture, the scheme has been found to result in harm to the open character of the countryside and an unsustainable way to meet future housing need.

1.17 References is made to the approval of the application for four dwellings to the south of the site (3PL/2015/1264/F). However, the proposal here is a materially different scheme, involving further intrusion into open countryside. In that respect a different conclusion can be justified. Any application will involve a planning balance, and in this case officers recommend refusal.

2.0 Landscape, Character and Appearance of the Area

2.1 Relating to the general principle the following paragraphs, as reported to committee under application 3PL/2016/1162/O, provided officer analysis in relating to impact on the character of the countryside. This scheme is materially similar.

2.2 The proposal would represent a significant change in the nature and appearance of the land to which the application relates and the assessment to be made is whether the impact on the land would be significantly harmful to the local area. The site is closely related in a visual sense to Westfield village as it abuts the edge of existing residential development. However, the proposed development would introduce a further line of built development culminating in a cul-de-sac to the rear of the first row of dwellings along Dereham Road and already permitted second line of dwellings.

2.2 The Breckland Landscape Character Assessment, (2007), indicates that the site is located largely within an area known as the 'River Wensum and Tud Tributary Farmland' representing a gently undulating arable farmland landscape interspersed with tributaries. The boundaries of the character area are determined by river valleys, (River Tud and River Wensum) and surrounding arable plateau character areas.

2.3 The application site and the immediate landscape surrounding it are slightly undulating and views of the site from across agricultural land are limited. The proposed development would be viewed in the winter months from Dereham, although hedgerows would restrict visibility to some extent. However, it is noted that the edges of settlement need to be sensitively managed in addressing growth, and the proposals currently remain distinct from Dereham to the south of the River Tud and in open countryside.

2.4 The proposed development would therefore result in localised harm to the site by way of the loss of its openness, and introducing further built development which would fail to reflect the prevailing existing established pattern of development. As a result, it is considered that the proposals would cause detriment to the character and appearance of the site and surrounding area.

2.5 As part of any planning judgement it is the view of officers that the demonstrable impact on rural character should be afforded significant weight in a balanced decision.

3.0 Access and Highway Impact

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3.1 The Highway Authority initially raised concern with regard the road serving the site when considering a previous application for 4 dwellings on land immediately to the south (3PL/2015/1264). The Highways Authority raises no objection subject to passing provision along Dereham Road between the site and C200 Shipdham Road, in addition to the passing provision proposed along Dereham Road between the site and Toftwood under the 2015 application.

3.2 The site lies within cycling distance of local services and amenities and given the existing use of the surrounding road network, it is considered that additional traffic movements associated with four dwellings would not be severe. In relation to the proposed mitigation of the effects of the development by localised widening, it is noted that a plan detailing the works has not been submitted with this application. However a condition agreeing works could be attached to any approved scheme. Owing to the benefit that these works will have for all road users, no objection is raised by the Highway Authority subject to such conditions relating to off-site highway improvement works, visibility, and parking.

4.0 Impact on Amenity

4.1 The proposed layout submitted demonstrates a scheme with three detached two storey dwellings, similar to application 3PL/2016/1099. The direct impact on the amenity of local residents is limited to the east and southern boundary of the site where the proposed plots would adjoin existing residential development. The proposals would retain sufficient separation distances to the surrounding properties, and those already permitted. Proposed buffer planting ranging in depth from four to ten metres would further ensure no detrimental harm is caused in terms of amenity impact. It is considered that the site could satisfactorily accommodate the development as shown on the indicative layout with no detrimental harm caused to amenity.

5.0 Ecology

5.1 An Ecological Survey, (Norfolk Wildlife Services, December 2016), was submitted as part of the application.

5.2 The report indicates that there will be no significant impact on Natura 2000 sites (Norfolk Valley Fens SAC: Badley Moor SSSI unit). It also states that impacts on ecology within the 'red-line' are considered limited. However it recognises that there are potential impacts on the River Tud. Specifically it states:

"Adequate measures need to be taken to prevent any surface water or foul water impacts on the River Tud." and "it is assumed that the development will be on mains sewerage and â¿¦that there will be no change in surface water discharges, based on the attenuation pond."

Following review the Council's ecologists are satisfied and raise no objection to the development provided conditions ensuring the issue of drainage are dealt with adequately at outline stage and appropriate mitigation is secured in relation to the biodiversity of the site.

6.0 Drainage and Flood Risk

6.1 It is proposed that surface water is to be drained to an onsite surface water attenuation pond to be then disposed of by a ditch running into the River Tud. Previously officers raised no objection to the proposed development subject to conditions securing details relating to surface water drainage. Whilst comments under application 3PL/2016/1099 noted concerns of neighbours re: flooding and proximity to floodzone 2, it was considered that this can be adequately addressed by conditions and officers remain of this view.

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6.2 With regard to foul water drainage there is no main sewer connection to the site and an alternative solution would need to be secured via a condition if planning permission is to be granted.

7.0 Other Issues

7.1 Under application 3PL/2016/1099 it was noted that In a recent 'written representations' appeal decision in respect of the Council's refusal of a development of one dwelling in the countryside the Inspector made reference to the Local Planning Authority as not being able to demonstrate the robustness of the Council's five year housing land supply. This appeal decision is a material planning consideration in the determination of any subsequent application on the issue of the Council's five year housing land supply.

7.2 As detailed above the absence of a demonstrable five year housing supply does not render policies which restrict the location of housing out of date and they may still form part of any assessment. Whilst the presumption in favour of sustainable development is triggered, and therefore should any adverse impacts demonstrably outweigh the benefits of a proposed development, any decision remains in the province of the decision maker. As detailed above officers' are of the view that the limited benefits of bringing forward the scheme do not outweigh the demonstrable adverse impacts in the planning balance.

7.3 The council is in the process of preparing a new local plan for the district. It is the view of officers' that the most suitable way of meeting housing need is through the Local Plan review process which looks at the entire district rather than on an individual settlement or site basis. The danger of piecemeal development in the countryside, contrary to locally adopted policy, is potentially more deleterious than sites brought forward in a structured manner through a Local Plan process. This is a common position being adopted by Local Planning Authorities up and down the country in relation to housing supply.

8.0 Conclusion

8.1 Planning law requires that planning applications are determined in accordance with the development plan. Being located outside of the settlement boundary the proposed development would conflict with policies SS1, CP14 and DC02 of the Core Strategy which set out the approach to directing housing developments in the district and carry significant weight. Therefore, it is necessary to judge whether any such material considerations may justify a departure from policy.

8.2 Whilst limited economic and social benefits would be generated with this scheme, when a balancing exercise is conducted, it is not considered that these outweigh environmental harm. It is therefore recommended under national and local policies that planning permission is refused.

RECOMMENDATION Outline Planning Permission

CONDITIONS

9035 Non-std housing reason for refusal The proposals would introduce new residential development outside a settlement boundary and result in the intrusion of built development into the open countryside. In addition, harm would be caused to the character and openness of the site and and result in a development at odds with the character, appearance of the surrounding rural area. As a result the

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

proposed development is contrary to policies SS1, CP1, CP14 and DC02 of the adopted Breckland Core Strategy and Development Control Policies DPD. The proposals would not form sustainable development, and the material considerations and benefits of the proposed development would not outweigh the harm caused. The proposals would therefore be contrary to the policies contained within the National Planning Policy Framework, (NPPF), in particular paragraphs 12, 14, 17 of the NPPF. 2002 Application Refused Following Discussion - No Way Forward The Local Planning Authority has acted positively and proactively in determining this application within the statutory timeframe/in as timely a manner as possible , (having engaged with the Applicant at the pre-application stage), and by identifying matters of concern with the application and discussing those with the Applicant. However, the issues are so fundamental to the proposal that it has not been possible to negotiate a satisfactory solution and due to the harm which has been clearly identified within the reason(s) for the refusal, approval has not been possible.

Copies of all documentation submitted in connection with this application can be viewed online at http://www.breckland.gov.uk/content/planning-search-0

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

ITEM: 9 RECOMMENDATION: REFUSAL REF NO: 3PL/2017/1200/F CASE OFFICER Donna Smith

LOCATION: FRANSHAM APPNTYPE: Full Old Hall POLICY: Out Settlemnt Bndry Main Road Fransham ALLOCATION: N CONS AREA: N

APPLICANT: Fransham Farm Co. Ltd LB GRADE: N Old Hall, Main Road Little Fransham AGENT: Clayland Architects TPO: N The Glass House Lynford Gardens PROPOSAL: Part Change of use from B1 (office) to C3 (Residential x 2 units)

REASON FOR COMMITTEE CONSIDERATION The application lies outside the defined settlement boundary for Fransham therefore conflicts with policy CP14.

KEY ISSUES Impact on nearby Grade II* Listed Building Impact on amenity and character Accessibility Impact on ecology

DESCRIPTION OF DEVELOPMENT This proposal seeks permission for the change of use of B1 Business Use to residential C3 Residential Use for 2no. one bedroom dwellings. The site extends to 170sqm (0.017ha).

SITE AND LOCATION The site is located off the A47 within the curtilage of Fransham farm and Old Hall Cottages. Surroundings are prodomiently rural countryside to the east and south with residential development located to the north. The current farm site consists of farm buildings, offices and a Grade II* Listed Building currently in use as a farmhouse.

EIA REQUIRED Yes/No

RELEVANT SITE HISTORY

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

3PL/2016/1192/F - Change of use from B1 to C3 - Refused

CP.01 Housing CP.09 Pollution and Waste CP.13 Accessibility CP.14 Sustainable Rural Communities DC.01 Protection of Amenity DC.02 Principles of New Housing DC.16 Design DC.17 Historic Environment DC.20 Conversion of buildings in the countryside 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

NORFOLK COUNTY COUNCIL HIGHWAYS Thank you for consulting me in respect of the application. The sole means of access to the site is via the A47 Trunk Road for which Highways England is the responsible Authority. I would therefore suggest that you obtain the views of that Authority if you have not already done so. ECOLOGICAL AND BIODIVERSITY CONSULTANT The application is supported by an ecological report (Preliminary Bat Roost Assessment and Barn Owl Assessment; Riverdale Ecology, 2017) which complies with current industry best practice and is fit for purpose. The report identifies that the barn does not have features which could support large bat roosts (e.g. maternity roosts) and although there is potential to support occasional roosting by individual transient bats, particularly under the roof tiles, no evidence of roosting was found. As such, the report recommends a precautionary approach during the works which will protect bats from harm along with replacement of potential roost sites. With potential for the roof tiles to be used as summer transient roosts but with hibernation highly unlikely, the report recommends appropriate timing of the roof works during the hibernation period (November to March). Features on the barn have potential to support nesting birds. As such, the

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 report recommends that works should be undertaken outside of the bird nesting season where appropriate. Suggestions for enhancements for biodiversity are included. Recommendations: If you are minded to approve the application, we would recommend:The use of a condition to avoid disturbance to bats during construction.

The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while the nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act. Trees and scrub and some buildings are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub and suitable buildings are present on the application site and are to be assumed to contain nesting birds between the above dates, unless a recent survey has been undertaken by a competent ecologist to assess the nesting bird activity on site during this period and has shown it is absolutely certain that nesting birds are not present. CONTAMINATED LAND OFFICER I recommend approval providing the development proceeds in line with the application details and subject to the following conditions to alleviate environmental concerns.

FRANSHAM P C No Comments Received

REPRESENTATIONS None

ASSESSMENT NOTES 1.0 Principle of Sustainable Development

1.1 The site is located outside the defined Settlement Boundary and is not designated on the adopted proposals map. The planning statement submitted alongside the application states a section of the existing single storey outbuildings will be converted from B1 business to C3 residential use, for long term let.

1.2 The proposal must be viewed with the presumption in favour of sustainable development. The purpose of the planning system is to contribute to the achievement of sustainable development. Paragraph 7 of the NPPF states there are three dimensions to sustainable development, economic, social and environmental. Paragraph 8 reiterates the importance that these roles should not be undertaken in isolation because they are mutually dependant.

1.3 Paragraph 49 of the NPPF also states that housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up to date if the local planning authority cannot demonstrate a five year supply of deliverable housing sites. With this in mind, it is important for us to review the proposal against the economic, social and environmental elements defined in paragraph 7. The proposal would provide a albeit very modest contribution to the overall housing land supply for the district providing two long term let dwellings within a surrounding farm context. In terms of the sites settings with its surroundings, this would be considered out of character and not suitable in the context of the agricultural surroundings.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

2.0 Impact on amenity and character

2.1 From review of the submitted documents the proposed change of use will use exterior material to match existing and any new doors, windows and timberwork will match that which is found on the adjacent office building which contributes to the legibility and uniformity in design of the proposal with its surroundings. The sustainability and planning statement highlights new plumbing and drainage will be required to connect to existing runs. However, despite the level of detail submitted alongside to support the application, no detailed design has been provided.

2.2 Whilst it is welcomed that the applicant has provided further detail than that provided in the previous application with regard to the amenity space for each dwelling, it is still considered that there is an existing high level of enclosure In this area, with the cart shed located to the north, the storage units located to the west and a new 1500m high close boarded fence with 300mm trellis. Furthermore, It can only be assumed there would be overshadowing issues generating limited daylight into each dwelling. Furthermore, the applicant has indicated a campsite lies adjacent to the proposed development with shared communal bathroom facilities. This has the potential to cause privacy and overlooking issues. On this basis, the proposal conflicts with policy DC1.

3.0 Accessibility

3.1 The site is located within an area with a moderate level of local amenities. It is therefore assumed the proposal would be heavily car dependant to attain its needed everyday facilities and amenities. For development to be considered sustainable, the emphasis on the provision of alternative forms of transport should be balanced. However, it is considered the proposal would rely on higher order settlements for the majority of its everyday services and facilities and would result in a higher dependency on the private car. This harm would significantly and demonstrably outweigh the very Limited benefits of the proposal and be contrary to policy CP13.

4.0 Impact on adjacent Grade II* Listed Building (The Old Hall).

4.1 The Grade II* Listed "The Old Hall" lies directly adjacent to the proposed site. However, the historic buildings consultant advised there would be no objection on these grounds. The proposal would be compliant of policy DC17.

5.0 Impact on ecology

5.1 The supporting ecological assessment named Preliminary Bat Roost Assessment and Barn Owl Assessment by Riverdale Ecology 2017, highlighted the barn does not have features which could support large bat roosts. Suitable conditions were recommended should the application have been approved.

6.0 Conclusions

6.1 The site is located outside the defined settlement boundary for Fransham. The proposal is considered out of character with its agricultural and commercial surroundings. The overall layout and design of the proposals could give rise to detrimental amenity issues regarding privacy, overlooking and enclosure, leading to other issues surrounding the dwellings benefiting from any form of natural sunlight.

6.2 Furthermore, given the sites location within a rural settlement, there would be a high dependency on the car as a mode of transport. It is considered the overall benefit of the proposal providing a very modest contribution to the overall housing land supply of the district would be outweighed by its negatives. The

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 proposal conflicts with paragraph 7, 14 and 57 of the NPPF and associated development plan policy. On this basis, the application is recommended refusal.

RECOMMENDATION Refusal of Planning Permission

REASON(S) FOR REFUSAL

9035 Development outside settlement boundary The proposal is for the change of use of part of the existing B1 units to two single storey residential properties. The site is located outside of the defined settlement boundary, therefore the principle of residential development in this location does not comply with Local Plan policy. The proposal is contrary to policies CP14 and DC20 of the Adopted Breckland Core Strategy and Development Control Development Plan Document 9335 Detrimental impact on amenity for future occupiers. The proposed plot sizes and location, together with the limited amenity space provision would result in a cramped form of development as dwellings. This would result in a poor quality environment for potential future occupiers. The proposal would be contrary to policies DC1 and DC16 of the Adopted Breckland Core Strategy and Development Control Development Plan Document 2009 and paragraphs 57 and 64 of the NPPF. 2009 Criterion E - Planning Apps Where Refused Appeals against planning decisions

If you want to appeal against your local planning authority's decision then you must do so within 6 months of the date of this notice.

Appeals must be made using a form which you can get from the Secretary of State at Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN or online at www.planningportal.co.uk

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

to the statutory requirements, to the provisions of any development order and to any directions given under a development order.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

ITEM: 10 RECOMMENDATION: REF NO: 3PL/2017/0759/F CASE OFFICER Debi Sherman

LOCATION: NORTH ELMHAM APPNTYPE: Full Land adjacent Millers Old Cottage POLICY: Out Settlemnt Bndry High Street, North Elmham ALLOCATION: N CONS AREA: Y

APPLICANT: Mr Angus Pearson LB GRADE: N c/o One Planning AGENT: One Planning Ltd TPO: N Gateway (Unit 3) 83-87 Pottergate PROPOSAL: Erection of two no. 4 bedroom dwellings including new vehicular access and garages

REASON FOR COMMITTEE CONSIDERATION The application is presented to members for consideration as it represents a departure from the Development Plan.

KEY ISSUES Principle of Development Impact on Character of the Area Design & Appearance Historic Environment Trees & Ecology

DESCRIPTION OF DEVELOPMENT The application seeks full planning permission for two detached houses of one and a half storeys, together with two paddocks, at land adjacent to Pump Street, North Elmham.

The dwellings woud have 4 bedrooms and form an L shape (from birds eye view). The key materials are brick for the external walls, with detailing features, and a clay pantile roof. Extract materials including bricks and tiles products are recommended to be conditioned.

A new 3.7 metre wide hard shared access if proposed from Pump Street, which leads to a turning area and garage for plot 2 and a hard turning and parking area for plot 1. The dwellings are set back from the street, with plot 2 set furthest away.

The paddocks would be at the eastern half of the site, and would not form part of the residential curtilage of the dwellings.

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SITE AND LOCATION The site comprises an irregular shaped area of land extending to 0.73ha. The site has no current use, with the design and access statement advising it can be considered meadow land, which corresponds with the planning officer's site visit. The site has frontage and access to Pump Street in North Elmham, and is north of Millers Old Cottage which is a single storey brick cottage with roof conversion. The site has a number of mature trees and hedges along the site's west, north and eastern boundaries.

To the north, west and south of the site is residential properties and their gardens. To the east is agricultural fields.

The site is outside, but adjacent to, the settlement boundary of North Elmham at the northern part of the village. The site is within a Conservation Area and a Scheduled Ancient Monument, which is also designated as Open Space and lies to the south-east of the site. A Historic Parks and Gardens designation covers land to the west of the site, beyond Pump Street.

EIA REQUIRED No

RELEVANT SITE HISTORY No relevant site history

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 LBC Planning(Listed Building & Conservation Areas) Act 1990 NPPF National Planning Policy Framework NPPG National Planning Practice Guidance SS1 Spatial Strategy

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

OBLIGATIONS/CIL Not Applicable

CONSULTATIONS

NORTH ELMHAM P C The Parish Council supports, in principle, this land being developed. However, it is felt that the properties proposed are too large for this part of the village and their style should be more in keeping with the existing surrounding properties. NORFOLK COUNTY COUNCIL HIGHWAYS No objections subject to conditions CONTAMINATED LAND OFFICER The development is acceptable on Environmental Health Grounds. A standard condition requiring work to cease and further testing to be undertaken if unexpected contamination is found is recommended to be applied to the planning permission if granted. HISTORIC BUILDINGS CONSULTANT Following revisions to the proposal, no objection is made. HISTORIC ENVIRONMENT SERVICE The site has archaeological potential. If planning permission is granted a programme of archaeological work should be conditioned.

In addition, it is advised that the proposed development is within a Conservation Area and may have an impact on the setting of the nearby designated heritage assets (listed buildings and scheduled ancient monument). TREE AND COUNTRYSIDE CONSULTANT No objection raised to the removal of the trees along the site frontage. Changes to the layout should be made to allow the retention of the Ash trees along the northern boundary of the site T5 and T6. These trees form part of a row of Ash which currently appear to be healthy and collectively form an important landscape feature. T22 which is set centrally to site is a mature Ash which is part of a group of trees including one other Ash and T20 and an Oak T21. These trees are important visually and have been identified as having ecological value. Revised layout should avoid the identified Root Protection Areas and canopy spreads of these trees.

Following the submission of further amended plans, no objections are raised.

REPRESENTATIONS - Support the provision of 2 x 4 bedroom properties - Support the retention of and planting of trees and hedges - Support the retention of large areas of green space

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

- Query who will maintain hedgerow and trees on the current farmers track adjacent to the new build - A planning condition should be imposed preventing any development of the Paddocks in the future - The design of the houses is too big, overly dominant and out of character to the local surroundings both built and natural - Risk to existing trees - Concern about the quality of submitted environmental reports - The need for hedging at the front of the site to preserve the natural feel and visual appearance of the street - Is there enough parking for houses of this size - Does the village need more housing considering those granted recently - Is their sufficient capacity in local services and facilities to serve more housing - Will vehicle move / highways be safe - Are their parking proposals for the paddocks, and what is there use? - Concern on loss of views to heritage features and changing visual appearance of Conservation Area - Inaccuracies in ecology report and likely potential for great crested newts and bats

ASSESSMENT NOTES 1.0 Principle of Development

1.1 The site lies outside, but immediately adjacent to, the adopted North Elmham Settlement Boundary. For this reason the proposal conflicts in principle with Policies SS1, DC2, CP1 and CP14 of the Core Strategy and Development Control Policies Development Plan Document (2009).

1.2 Paragraph 47 of the NPPF states 'housing applications should be considered in the context of sustainable development. Relevant policies for the supply of housing should not be considered up to date if the local planning authority cannot demonstrate a five year supply of deliverable housing sites'. As the Council can no longer demonstrate an up to date five year housing land supply, policies SS1, DC2 and CP14 can not be given due weight in the decision making process. The application is therefore assessed against the benefits provided in relation to the sustainable development tests as set out in the NPPF.

1.3 The NPPF identifies three dimensions of sustainable development:

1.5 In terms of the economic and social criteria, the proposal is to provide one dwelling with annex accommodation which would contribute to the housing supply.

1.6 Environmentally, the area is currently an unused paddock surrounded by mature tree planting and hedges. It is not subject to any nationally recognised landscape or wildlife designations. The site is adjacent to the existing settlement boundary and adjacent to the built up part of the village with existing built form to the north and south.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

1.7 Whilst the proposal would involve the development of an existing area of open land, the harm caused to the rural setting of the village would not be significant and would not outweigh the benefits of the proposal. The scheme is, therefore, considered to represent sustainable development.

1.8 Footnote11 of the NPPF confirms that the site should be in a suitable location, available now, and have a realistic prospect of being developed within five years. The application is detailed. Normally it is expected that applications being considered having regard to the five year supply would be full applications to provide the confidence that the site would be delivered 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.

1.9 With regard to whether this is a suitable location, North Elmham is classified as a service centre village through Policy SS1 (Spatial Strategy) of the adopted Core Strategy and Development Control Policies Development Plan Document. These villages contain a higher order level of services and facilities and the spatial strategy states that these villages are capable of supporting limited growth although they rely on higher order settlements for the majority of these services and facilities.

1.10 The village has a number of amenities comprising the school, shop & post office, village pub and church.

1.11 Whilst this need to travel for services is recognised, Para 55 of the NPPF states that housing should be located where it will enhance and maintain the vitality of existing rural communities and help sustain facilities in the surrounding settlements.

2.0 Impact on character of the area

2.1 The site is visually contained and well screened. Although the site falls outside the village's defined settlement boundary the site is within walking distance to the rest of the village. It is bounded by development on all sides and as such development on this site, particularly in the form proposed would not appear prominent or result in visual encroachment following its development.

2.2 The dwellings would have access to paddock areas to the rear of the proposed gardens. The paddocks are distinct from the proposed domestic curtilages and it is considered appropriate to control any development on them by removing permitted development rights to ensure that in future the impact on the character and appearance of the area can be actively managed.

2.3 There are no objections on this basis in terms of character and appearance and it is not considered that there is conflict with Policies DC 16 and DC17 in this regard.

3.0 Design and Appearance

3.1 The scheme has been the subject of extensive revisions to ensure that the design and appearance of the proposed dwellings are appropriate in their location and respect the design palette of the immediate locality. The height of the dwellings has been reduced and the design amended to reflect the cottage style of dwellings that are prevalent in the area. On this basis, there are no objections raised to the proposal.

4.0 Historic Environment

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

4.1 The development has been considered on the basis on its potential impacts on the two nearby listed buildings, historic park and garden an effect on the conservation area have been considered in accordance with the statutory considerations of the Planning (Listed Buildings and Conservation Areas) Act 1990 (see 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

4.2 It has been concluded that there would be no material impact as a result of this development and no objections are raised on this basis.

4.3 The archaeology implications have been considered and no objections are raised subject to conditions.

5.0 Highways

5.1 Norfolk County Council Highways raise no objections subject to appropriate conditions to facility appropriate access and visibility.

6.0 Ecology and Trees

6.1 An ecological survey has been provided the recommendations of which set out mitigation measures to deal with potential impacts in biodiversity terms. These can be incorporated into a planning condition to ensure they are adhered to.

6.2 The screening of the site by the existing mature hedgerows contribute significantly to the character and visual amenity of the site. The dwellings themselves would be centrally located within the plot. Issues relating to the protection of the Ash Trees on site have been addressed via the submission of revised plans and on this basis there no objections in this instance.

7.0 Conclusion

8.1 Notwithstanding that the site lies outside the Settlement Boundary of the village of North Elmham and is, in part,car reliant, but the scheme is considered to broadly represent sustainable development in relation to Paragraphs 14, 47 and 49 of the National Planning Policy Framework. In addition, Members should also recognise the ability of the scheme to support those services and facilities in the village and its surrounds.

RECOMMENDATION

CONDITIONS

2001 Application Approved Following Revisions The Local Planning Authority has acted positively and proactively in determining this application, (having engaged with the Applicant at the pre-application stage), and by

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

assessing the application against all material considerations, including national guidance, planning policies and representations that have been received during the public consultation exercise, and by identifying matters of concern within the application and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal within the statutory timeframe/in as timely a manner as possible , in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

If you want to appeal against your local planning authority's decision then you must do so within 6 months of the date of this notice.

Appeals must be made using a form which you can get from the Secretary of State at Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN or online at www.planningportal.co.uk

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

the early delivery of housing. 3047A 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. 3300 No P.D. for fences, walls 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 fences, gates, walls or other means of enclosure as defined within Class A of Part 2 of Schedule 2 of that Order shall be carried out on the land identified as 'Paddocks' on the approved site plan 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. 3304 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 identified as 'Paddocks' on the approved site plan 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. 3750 Non-standard highways condition Prior to the first occupation of the development hereby permitted the vehicular access shall be provided and thereafter retained at the position shown on the approved plan drawing number 3124.0416.BK 01 Rev E in accordance with the highway specification Dwg. No. TRAD 1 attached for the first 5m into the site as measured form the nearside carriageway edge. 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: To ensure satisfactory access into the site and avoid carriage of extraneous material or surface water from or onto the highway. 3760 Non-standard highways condition Prior to the first occupation of the development hereby permitted a visibility splay shall be provided in full accordance with the details indicated on the approved plan. The splay 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. 3770 Non-standard highways condition 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.

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Reason: To ensure the permanent availability of the parking / manoeuvring area, in the interests of highway safety. 3935 Non-standard highways condition Notwithstanding the details indicated on the submitted drawings no works shall commence on site above slab level unless otherwise agreed in writing until a detailed scheme for the off-site highway improvement works as indicated on drawing number 3124.0416.BK 01 E have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway 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. 3940 Non-standard highways condition Prior to the first occupation of the development hereby permitted the off-site highway improvement works referred to in Part A of this condition shall be completed to the written satisfaction of the Local Planning Authority in consultation with the Highway Authority. Reason: To ensure that the highway network is adequate to cater for the development proposed. AR03 Ecology Condition The development shall be carried out in full accordance with the recommendations and mitigation measures set out in the approved Ecological Survey dated March 2016 reference 2015/257. The submission of additional survey work shall be undertaken prior to the commence of any development on site and shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

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. 3940 Non-standard tree condition No development shall take place in pursuance of this permission until details of an auditable system of arboricultural site supervision and inspection have been submitted to and approved in writing with the Local Planning Authority. The details shall provide for site supervision and inspection for the duration of the construction works. The construction works shall be supervised in full accordance with the agreed details. 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 3940 Non-standard tree condition The proposed layout is heavily reliant on the construction of no-dig construction of parking/turning/footpath areas. In order to ensure that tree roots are adequately protected it is essential that a stable structure is provided which will distribute loads, reduce pressure at ground level whilst promoting the migration of water and nutrients. It will be necessary to provide details of the product to be used including the sub base, infill material and surface material. Specifications must be based on existing ground conditions and soil information (CBR) details of which should be provided. Loading information should

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

be included specifying assumed maximum gross vehicle weight and assumed maximum axle load. 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 3104 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 3402 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 3946 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 3385 Archaeological condition No development, including demolition, shall take place within the application site until the

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

applicant or their agent or successor in title has a) caused to be implemented a programme of archaeological evaluation in accordance with a first written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority; and next b) submitted the results of the archaeological evaluation to the Local Planning Authority; and next c) secured the implementation of a programme of archaeological mitigatory work in accordance with a second written scheme of investigation which has been 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 the development to ensure the potential archaeological interest of the site is investigated and protected from the outset of the development, in accordance with Policy DC 17 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

ITEM: 11 RECOMMENDATION: APPROVAL REF NO: 3PL/2017/0607/F CASE OFFICER Donna Smith

LOCATION: THETFORD APPNTYPE: Full Mercury Park POLICY: In Settlemnt Bndry Stephenson Way,Thetford ALLOCATION: N CONS AREA: N

APPLICANT: Pegasus Profiles Ltd. LB GRADE: N Stephenson Way Thetford AGENT: Plandescil Ltd TPO: Y Connaught Road Attleborough PROPOSAL: Demolition of some existing buildings and erection of new B1, B2 and B8 commercial/industrial/storage units

REASON FOR COMMITTEE CONSIDERATION The application has been presented before committee as it is considered a major application within the defined settlement boundary for Thetford.

KEY ISSUES Principle of Sustainable development Employment provision Impact on amenity and character Impact on TPO trees Impact on natural and historic environment Accessibility

DESCRIPTION OF DEVELOPMENT The applicant seeks permission for the demolition of existing buildings and the erection of new B1, B2 and B8 commercial/industrial/storage units. Units one and two have a total floor area of 726sqm and three, four and five will have 311sqm. In total, this produces a total floor area of 1509sqm, inclusive of the existing buildings to be retained on site.

SITE AND LOCATION The site extends to 0.36ha and is located in a predominantly industrial location within the defined settlement boundary for Thetford. Two units will be erected to the western boundary of the site adjoining the existing building and a terrace of other units are shown to be erected to the eastern perimeter. The site is fronted by mature trees and a split grass verge on entry to the site.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

EIA REQUIRED No

RELEVANT SITE HISTORY No relevant site history

CP.03 Employment CP.10 Natural Environment CP.13 Accessibility DC.01 Protection of Amenity 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

THETFORD T C TTC is happy with look and design but concur with NCC comments on parking. However TTC consider it unlikely that all the cycle spaces would be utilised. NORFOLK COUNTY COUNCIL HIGHWAYS I note from the revised drawing 20917/004A that the floor area of the buildings has been reduced and parking revised to accommodate an appropriate level of parking. I also note that cycle parking has been included. The widening of the access will take it closer to an existing pine tree and you may wish to consult your tree officer in this respect. Based on the revised details this Authority would not wish to restrict the grant of permission subject to conditions. HISTORIC ENGLAND

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

On the basis of the information available to date, in our view you do not need to notify or consult Historic England on this application under the relevant statutory provisions, details of which are enclosed. If you consider that this application does fall within one of the relevant categories, or you have other reasons for seeking our advice, please contact us to discuss your request. NATURAL ENGLAND Natural England has assessed this application using the Impact Risk Zones data (IRZs). Natural England advises your authority that the proposal, if undertaken in strict accordance with the details submitted, is not likely to have a significant effect on the interest features for which Breckland SAC and SPA have been classified. Natural England therefore advises that your Authority is not required to undertake an Appropriate Assessment to assess the implications of this proposal on the sitesâ¿¿ conservation objectives.

In addition, Natural England is satisfied that the proposed development being carried out in strict accordance with the details of the application, as submitted, will not damage or destroy the interest features for which the Breckland Forest, Thetford Golf Course and Marsh, Elm Road Field Thetford, Barnhamcross Common, Thetford Heath, Barnham Heath and Little Heath Barnham SSSIs have been notified. We therefore advise your authority that these SSSIs do not represent a constraint in determining this application.

If the proposal site is on or adjacent to a local site, e.g. Local Wildlife Site, Regionally Important Geological/Geomorphological Site (RIGS) or Local Nature Reserve (LNR) the authority should ensure it has sufficient information to fully understand the impact of the proposal on the local site before it determines the application.

The proposed development is within an area that Natural England considers could benefit from enhanced green infrastructure (GI) provision. Multi-functional green infrastructure can perform a range of functions including improved flood risk management, provision of accessible green space, climate change adaptation and biodiversity enhancement. Natural England would encourage the incorporation of GI into this development. ECOLOGICAL AND BIODIVERSITY CONSULTANT I think it is unlikely that there are any ecological constraints associated with this application. Photos of the current buildings are in the D&A Statement and, from these and other publically available imagery, I think it is unlikely that any protected species notably bats are using the site. I note the response from Natural England. Nevertheless, given the location of the site , it may be sensible to add an informative on protected species. TREE AND COUNTRYSIDE CONSULTANT Before any tree works to TPO trees is undertaken a clear written specification must be provided and approved in writing. FLOOD & WATER MANAGEMENT TEAM Officers have screened this application and it falls below our current threshold for providing detailed comment. CRIME REDUCTION & ARCHITECTURAL LIAISON OFFICER Further to my previous correspondence dated 27th September 2017 and in light of the amendments made to the layout I make the following observations and comments: Cycle Storage I note the amendment for a cycle storage unit for this development and its location on the plan, which is a good location as it is in view of the industrial units and should encourage cycling to work.

TREE AND COUNTRYSIDE CONSULTANT No Comments Received

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

REPRESENTATIONS None

ASSESSMENT NOTES 1.0 Principle of development

1.1 The application proposes to demolish existing industrial buildings, and erection of five new units on site. Two units will be erected to the western boundary of the site adjoining an existing building, and a terrace of other units are shown to be erected to the eastern perimeter, generating a total new floor space of 1,509sqm.

1.2 Paragraph seven of the National Planning Policy Framework states there are three dimensions to sustainable development: economic, social and environmental. These roles should not be undertaken in isolation because they are mutually dependant. Therefore, to achieve sustainable development economic, social and environmental gains should be sought jointly and simultaneously.

1.3 Thetford has been identified in the Spatial Strategy (policy SS1) as the focus for growth in Breckland, and the principle service and employment centre in the south of the district with a well-developed market for industrial property. The need for an increase in units is identified within the supporting design and access statement submitted with the application. This states that the applicant wishes to double its staff intake working at Mercury Park from five to ten, with the main factory and office site to the south of Stephenson Way remaining unchanged. The additional buildings would help support a strong industrial/business community, meeting the needs for the business now and for years to come. The demolition and erection of new business units would contribute to the overall vitality and viability of the established market for industrial property in Thetford, contributing to its longevity.

1.4 The Applicant proposes to double the staff working at Mercury Park from 5No. to 10No. To ensure the efficient use of specialised machinery they would continue to work across 2No. shifts. This will provide a modest contribution to the deliverability of the 5,000 jobs to be created in Thetford by 2021, as set out in policy CP3. It is considered the proposal would contribute to the more efficient use of the site and contribute modestly to the range of jobs within this area. Therefore, the proposal is compliant of policy CP3.

2.0 Impact on character and appearance

2.1 The proposal is not out of character with its surroundings which includes existing factory and warehouse buildings. There is an evident increase in height and scale between the existing unit to the western boundary, and the proposed two new two units shown on elevational drawing 20917/006A (south east elevation). However the increase in height between the existing and proposed has been aided by a uniform cladding across both the existing and new units, with new Merlin Grey sectional doors, adding interest and breaking up the south west elevation. Units surrounding the proposed site vary in both height and scale, therefore this is also not considered out of character. The proposal is considered compliant of policies DC1 and DC 16.

2.2 It is considered the demolition of the existing units and replacement with new units of similar scale, mass, design and infrastructure would not only contribute to improving the overall efficiency of the existing business, but provide further employment and contribute to the vitality and viability of the business hub of Thetford. The proposal is considered an appropriate form of sustainable development in this location.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

3.0 Impact on the natural and historic environment

3.1 Natural England provided no objection to the proposal on the basis that they were satisfied that the proposal would not damage or destroy the interest features identified for Breckland.

4.0 Impact on protected species

4.1 It was considered unlikely that protected species such as bats were using the site. However, given the location of the site, an informative has been added to any consent if granted that should any protected species be found during development the developer should stop work immediately and seek advice of a qualified ecological consultant.

5.0 Impact on existing and TPO Trees

5.1 From review of the submitted plans, a tree survey was carried out on 20th May 2017 of which 9No. trees were surveyed (2no. Cherry, 1no. Apple, and 6no. Scots Pine). The conclusions were that most trees would be retained with the Apple Tree removed (due to its weak vigour and infestation with Wooly Aphids) and the possibility of pruning of the TPO trees on site. The existing entrance into the site is to be widened on the western side by approximately 4.4m and therefore the applicant has identified that it may be necessary to slightly cut back the lower branches of the two trees on either side of the entrance by 1-1.5m maximum - Tree Nos. 6 and 7 both Scots Pines. Once the existing entrance has been widened it will become apparent as to whether this work is necessary. The tree officer has concluded that before any works to the TPO trees is undertaken a clear specification must be provided and approved in writing. A condition to ensure accordance with the submitted arboricultural impact assessment and its recommendations has been included should the application be approved. It is considered the proposal is compliant with policy DC12.

6.0 Accessibility

6.1 The applicant has shown on the submitted plans a widening of the existing access to the east. The site is currently served by 2no. existing vehicular access points off Stephenson Way. Furthermore, a suitable level of parking inclusive of cycle parking has been provided. Conditions have been attached to any grant of consent to ensure the parking as shown on drawing 004A is completed in accordance with this plan.

7.0 Conclusions

7.1 From review of the submitted documents, the existing development and thorough policy review, the proposal is considered a form of sustainable development in accordance with paragraphs 7 and 14 of the NPPF. The proposal would not only contribute to the vitality and viability of Thetford, but provide both economic and social benefits for the surrounding community, whilst contributing modestly to the overall employment provision and mitigation of climate change.

7.2 The application is recommended approval subject to conditions.

RECOMMENDATION Planning Permission

CONDITIONS

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

3007 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. 3047A 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. MT02 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. LS14 In accordance with Arboricultural report 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) provided by Plandescil dated May 2017. 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. LS17 Scheme of Arboricultural site supervision No development shall take place in pursuance of this permission untildetails of an auditable system of arboricultural site supervision and inspection have been submitted to and approved in writing with the Local Planning Authority for works proposed within the Root Protection Area of T6. The details shall provide for site supervision and inspection for the duration of the works including the provision of photographic evidence. 3750 Non-standard highways condition Prior to the commencement of the use 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: To ensure the permanent availability of the parking / manoeuvring area, in the interests of highway safety. 3760 Non-standard highways condition

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

Prior to the commencement of the use hereby permitted the vehicular access shall be widened in accordance with the approved drawing 20917/004A to Norfolk County Council industrial access construction specification attached for the first 5 metres as measured back from the near channel edge of the adjacent carriageway. 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: In the interest of highway safety and traffic movement. 2014 Criterion E - Planning Apps Where Approved Appeals against planning decisions

If you want to appeal against your local planning authority's decision then you must do so within 6 months of the date of this notice.

Appeals must be made using a form which you can get from the Secretary of State at Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN or online at www.planningportal.co.uk

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

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.. ER18 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: 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 ER01 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. The 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 the interests of the amenities of the area and local residents and to minimise light pollution in accordance with policy DC1 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

3410 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 3802 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 3804 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 3946 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.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

This condition will require to be discharged

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

ITEM: 12 RECOMMENDATION: APPROVAL REF NO: 3PL/2017/0863/D CASE OFFICER Donna Smith

LOCATION: NORTH ELMHAM APPNTYPE: Reserved Matters Land at Station Yard POLICY: In Settlemnt Bndry Station Road, North Elmham ALLOCATION: N CONS AREA: N

APPLICANT: C/O Agent LB GRADE: N C/O Agent AGENT: Lanpro TPO: N Bretlingham House 98 Pottergate PROPOSAL: Application for reserved maters of the appearance, landscaping, layout and scale of 19 residential dwellings and the access routes within the site

REASON FOR COMMITTEE CONSIDERATION The application is presented to Members because the application constitutes a major development.

KEY ISSUES As this application seeks approval for reserved matters of access, scale, layout, appearance and landscaping relating of an outline planning permission for the erection of 19 dwellings, the application needs to be considered against the implications of the development on the following matters.

Layout, Design and Appearance; Access and Highway Safety Implications; Amenity Implications; Drainage Implications; Implications on Railway

DESCRIPTION OF DEVELOPMENT This application seeks approval for all reserved matters relating to a residential development of 19 dwellings. The proposed scheme comprises six no. two bedroom dwellings and 13 no. three bedroom two storey dwellings. The proposal comprises a single access point leading to an estate road running northwards into the site with dwellings located on either side to the east and west, with an area of open space at the northern end of the site.

SITE AND LOCATION The site is a large assymmetric parcel of land that is currently vacant. It is free from buildings and is accessed via Station Road which runs parallel to the southern boundary of the site. To the east and south of the site are existing residential dwellings and to the west are commercial premises, disused station building,

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 platform and track. There are some mature trees to the rear part of the site.

EIA REQUIRED No

RELEVANT SITE HISTORY 3PL/1990/0423 - 3 temporary portacabins used for office space - Approved 3PL/1990/0137 - Change of use to manufacture of GRP products - Approved 3PL/2007/1688 - Residential development - Refused 3PL/2013/1045/O - Residential development of 19 dwellings - Permitted.

CP.01 Housing CP.04 Infrastructure 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.14 Energy Efficiency DC.16 Design NPPF National Planning Policy Framework NPPG National Planning Practice Guidance SS1 Spatial Strategy

OBLIGATIONS/CIL Not applicable given the outline permission was subject to viability review which concluded the scheme could not provide for affordable housing and formal recreation and play space.

CONSULTATIONS

KEVIN WEBB

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

Members were very concerned that no large-scale paper plans had arrived and it was impossible to see the details on the website because they become pixilated as soon as they are enlarged. I was asked to enquire why no paper copies have been dispatched to us. It would be a great help to see a large-scale plan, particularly of the proposed re-configured railway crossing and how that will relate to the Safe Route to School and the estate access since we have seen none so far. Neither has the railway company.

There has, we understand, been no detailed discussions yet with the railway company about the re- configuring of the railway crossing to create a safe environment for pedestrians to cross the railway line and to cross the access point into the development. We know that the railway company is willing to have the gates moved and in return the company will require some off-site car parking for their new station platform for when that is built. The understanding the company has with Lanpro is that house plots 16-19 will be replaced with a parking area for the new station and this has implications for the state layout.

The Parish Council feels strongly that finalising the reserved matters cannot be achieved without first there being an agreement between Lanpro, the railway company and the Parish Council on all these issues. That will need, no doubt, the agreement of the highways authority and the Office of the Road and Railways Regulator.

For the Planning Authority to give approval to the details in the current application without settling these other matters first will directly lead to a deadlock in finalising the configuration of the railway crossing.

Concerns were also expressed that it is proposed that the estate road will be designed to a specification so that it will not be adopted by the Highway Authority. We feel that this could be detrimental to pedestrian safety and it is not clear why that should be necessary or who will pay for street maintenance, drainage and for the street lights. At the moment all street lights in the village are financed by the Parish Council and we do not know who will provide these if it is to be a private estate.

You can see therefore why it was felt by parish council that all these issues would best be sorted out at a meeting before matters are progressed further. CRIME REDUCTION & ARCHITECTURAL LIAISON OFFICER The application details a well laid out site, which doesn't have any alleyways, is not permeable and has a primary vehicular access point. This layout is very encouraging as increased permeability is linked to increased crime. A no through route gives residents a feeling of ownership and encourages a feeling of community. At this stage there is only one item I would like to make reference to: Gable Ends It is important to avoid the creation of windowless elevations and blank walls immediately adjacent to public spaces; this type of elevation, commonly at the end of a terrace tends to attract graffiti, in appropriate loitering and ball games. The provision of at least one window above ground floor level, where possible, will offer additional surveillance over the public area. SBD Homes 16. I see from the imagery provided in the DAS that the plots on the western boundary are not detailed to have windows on the western side of the dwellings. It is my recommendation, in with the above SBD guidance that at least one window is added above ground floor level. Stephanie Segens Architectural Liaison Officer Bethel Street Police Station Norwich NR2 1NN E mail [email protected] www.norfolk.police.uk Secured by Design Secured by Design is the official UK Police flagship initiative supporting the principles of 'designing out crime' and the website can be found on: www.securedbydesign.com where further details about the award and relevant application forms can be found. I would recommend that all properties within the development meet the physical security requirements of Secured by Design. NORFOLK COUNTY COUNCIL HIGHWAYS No further comments received following amendments.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

FLOOD & WATER MANAGEMENT TEAM Removed objection following amendments. HISTORIC BUILDINGS CONSULTANT No objection subject to the approval of external materials. HOUSING ENABLING OFFICER As per the outline consent, viability reasons mean that onsite affordable housing is not required on this site. CONTAMINATED LAND OFFICER No objections or comments on the grounds of Environmental Protection, providing the development proceeds in line with the application details. ENVIRONMENTAL HEALTH OFFICERS Based on the information provided to me at this time; there are no objections or comments on the grounds of Environmental Protection, providing the development proceeds in line with the application details. NOROLK RIVERS IDB We believe that with this being a reserved matters application, and it being of central importance to the drainage strategy, site investigation should be undertaken to determine the actual drainage characteristics of the site. Should on site testing determine that the infiltration rates are not achievable as predicted/required, then it is likely that water will need to be discharged into the Norfolk Rivers IDB Drainage District. If this is the case then further detailed consultation with the NRIDB will be required, along with Land Drainage Consent and payment of a Surface Water Discharge Contribution.

ENVIRONMENT AGENCY No Comments Received TREE AND COUNTRYSIDE CONSULTANT No Comments Received MID NORFOLK RAILWAY PRESERVATION TRUST No Comments Received ANGLIAN WATER SERVICE No Comments Received

REPRESENTATIONS None

ASSESSMENT NOTES 1.0 Design and Impact on the Character and Appearance of the Surrounding Area

1.1 It is noted that paragraph 64 of the NPPF states that: "Permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions."

1.2 Development within the District is also expected to be of the highest design quality in terms of both architecture and landscape as set out in policy DC16 of the Core Strategy. It should have regard to good practice in urban design and fully consider the context within which it sits. It should embrace opportunities to enhance the character and appearance of an area and contribute to creating a sense of local distinctiveness. Policy CP11 of the Core Strategy also seeks to ensure that the landscape of the District will be protected for the sake of its own intrinsic beauty and its benefit to the rural character.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

1.3 The proposals within this application seek approval of the detailed layout, scale, appearance and landscaping matters of the residential development of 19 dwellings.

1.4 In terms of layout, the proposed scale at two storeys in height would directly reflect and be sympathetic with the scale and heights of the dwellings and buildings immediately to the south and west. The proposals include a variety of house types, of modern construction and appearance but following conventional design ques, elevation compositions and featuring a mix of gable fronted, hipped roof, and pitched roof dwellings. In addition, a mix of brick colours would be used to the elevations and either red or grey pan tile and slates on the roofs. As a result the proposals are considered to provide for an interesting mix of buildings that would be sympathetic with the surrounding townscape.

1.5 In order to ensure that the dwellings suitably respond to the local character and appearance of vernacular buildings and provide for a high quality finish, a condition has been included on this permission requiring the submission of details and samples of all materials to be used within the development.

1.6 With regards to the hard and soft landscaping of the site, given the predominance of hard surfaced areas and tight relationship of dwellings it is considered important to secure the high quality treatment of the hard landscaping of this shared realm, and the structural landscaping along private drive and its boundaries. Therefore, a condition has been recommended requiring a more detailed hard and soft landscaping and planting scheme for these areas.

1.7 Having regard to the above, it is considered that the proposed development would be of adequate design and would not result in significant harm to the character and appearance of the surrounding landscape and townscape. The proposed scheme is therefore considered to accord with Policies DC2, DC16 and CP11 of the Core Strategy and the NPPF.

2.0 Amenity Considerations

2.1 The internal layouts, size of windows in each dwelling and the space around each dwelling would provide adequate levels of outlook, natural ventilation and daylight for the future occupants of each dwelling. It is also noted that each of the proposed dwellings would provide adequate private amenity space for future occupants. Whilst 8no. plots are located within close proximity to the adjacent former railway line it is noted that at this point in time it is only used relatively infrequently for recreational purposes and is not subject to railway traffic, and that there are no immediate or confirmed plans to bring it back into operational use as a railway line.

2.2 Given the siting, height and intervening distances to the existing dwellings to the south, the proposals would not give rise to any unacceptable loss of amenity for the occupants of those dwellings.

2.3 Therefore, having regard to the above it is considered that the proposals would not result in an unacceptable impact on the amenity of the existing surrounding residents and would provide for acceptable levels of amenity for and future occupants the application in accordance with the requirements of Core Strategy Policy DC1.

3.0 Existing Landscape Features

3.1 The site currently consists of agricultural land that is largely open with limited tree cover other than at its

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 edges where it is bounded by mature trees and hedgerows to the north, and east, with a small collection of trees along the western boundary. It is noted that the trees within the site are not protected by way of a Tree Preservation Order or being within a Conservation Area.

3.2 The application has been supported at outline stage by an Arboricultural Impact Assessment which identifies notes that mature belts of trees and hedgerows form important landscape features within the surrounding area defining field boundaries and highway edges and are also of ecological and aesthetic value.

3.3 The proposed layout and landscaping of the site has been designed to retain the belt of trees running along the eastern boundary of the site and proposes protective fencing to ensure the RPA's and crown spread of these trees are protected during construction. Subject to ensuring that these are retained in accordance with the submitted Tree Protection Plan. In this respect it is noted that a condition (specifically condition 3) has been included on the outline permission requiring the approved tree protection measures to be implemented in accordance with the submitted report.

3.4 Subject to the above conditions, it is considered that the proposals would accord with Core Strategy policies CP10 and DC12 the relevant requirements of the NPPF.

4.0 Access, Parking & Highway Layout

4.1 This application seeks approval for the access to the site via a single access on to Station Road with parking provision of 2 parking spaces per dwelling with additional visitor spaces.

4.2 NCC Highways have raised concerns, however, whilst the concerns of NCC Highways are noted, it is noted that conditions were attached to the outline permission with regards to having regard to the above and the comments of the Highways Authority. The application is considered to provide for safe access, parking, and manoeuvring space and would accord with paragraph 32 of the NPPF, which states that, 'development should only be refused on transport grounds, where the residual cumulative impacts of development are severe'.

5.0 Other Material Considerations

5.1 It is noted that conditions on the outline permission would secure approval of details of foul and surface water drainage, on site and off site highway works, the provision of bin storage, measures to be implemented in the instance of unexpected contamination being found, lighting, and the provision of protected species and ecological surveys.

6.0 Conclusion

6.1 The detailed scheme for 19 dwellings has been designed with regard to the outline planning permission for the site and the policies contained within the Core Strategy. The proposed layout, scale, and detailed design of the dwellings would not give rise to any significant harm to the amenity of surrounding residents nor to the overall character and appearance of the surrounding area. The proposed hard and soft landscaping of the site also responds to the surrounding context and would retain the important landscape features and provide for the satisfactory drainage of the site.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

6.2 For the reasons set out in this report, and taking into account the development plan and the policies of the NPPF as a whole, the proposed detailed scheme is considered acceptable and is recommended or approval subject to conditions and those also attached to the outline permission.

RECOMMENDATION Approval of Reserved Matters

CONDITIONS

3012 Approval of Reserved Matters condition This approval is granted following the grant of Outline Planning Permission No 3PL/2013/1045/O dated . Reason for condition:- The time limit by which the development must be commenced is indicated on that Permission. 3047A 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. 3920 Removal of trees and hedges 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 maintaining and enhancing biodiversity, in accordance with policies CP10, CP11 of the Core Strategy and Development Control Policies DPD, and the policies within the NPPF. 3450 In accordance with submitted landscaping condition Prior to occupation of the residential units the approved soft landscaping scheme as shown on drawing 0792A-00-008-A shall be carried out in full to the satisfaction of the Local Planning Authority.

Reason for condition:- To ensure development is carried out in accordance with the approved plans. LS17 MNR Fencing The existing Mid Norfolk Railway fence shall be retained and any other fence shall not to be attached to it. The fence shall be continuous with no access to the railway in the fence line and there shall be no access permitted to Mid Norfolk Railway during construction of the development.

Reason for condition: In the interests of railway safety.

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LS17 MNR Lighting No external lighting shall be directed towards or onto the MNR track formation which could distract or disorient the clear forward vision of train drivers.

Reason for condition: In the interests of railway safety. LS17 Drainage - soakaways No soakaways shall be constructed within 3 metres of the MNR statutory fence line.

Reason for condition: to protect the trackbed formation from subsidence and thereby in the interests of railway safety. 2014 Criterion E - Planning Apps Where Approved Appeals against planning decisions

If you want to appeal against your local planning authority's decision then you must do so within 6 months of the date of this notice.

Appeals must be made using a form which you can get from the Secretary of State at Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN or online at www.planningportal.gov.uk/pcs.

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national guidance, planning policies and representations that have been received during the public consultation exercise, and by identifying matters of concern within the application and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal within the statutory timeframe in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. 3989 Hedgerow Regulation NOTE - The applicant should check the need to obtain a Hedgerow Removal Notice under the 1997 Hedgerow Regulations. 3972 NOTE: Bats and Owls NOTE -Bats and their roosts are protected under the Conservation of Habitats and Species Regulations 2010. All work must stop immediately if bats, or evidence of bat presence (e.g. droppings, bat carcasses or insect remains), are encountered at any point during building demolition. Should this occur, further advice should be sought from Natural England and a professional ecologist. 3539 Note Re Asbestos Cement bonded asbestos (CBA) - frequently used in the construction of sheds, garages, industrial and agricultural buildings. CBA must be disposed of in accordance with waste regulations enforced by the Environment Agency (0845 59333111). Working with CBA can fall under the Health and Safety at Work Regulations (HSW) enforced by the Health and Safety Executive (01603 753800). Please telephone the Environmental Health Section at Breckland Council for further advice on the dismantling and disposal of CBA (01362 656350) 4000 Variation of approved plans NOTES: 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. 3140 Prior approval of slab level Prior to the commencement of the development 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. This condition will require to be discharged 3106 External materials and samples to be approved Prior to the commencement of any works above slab level details and samples of all external

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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 LS03 Hard landscaping scheme to be submitted Before the commencement of work on site, proposals for the hard landscaping shall be submitted to and approved in writing by the Local Planning Authority. These details should include: -hard surfacing materials; -proposed finished levels or contours; -minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc,) Reason for condition:- In the interests of the satisfactory appearance of the development in accordance policy DC16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged

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ITEM: 13 RECOMMENDATION: APPROVAL REF NO: 3PL/2017/0992/O CASE OFFICER Donna Smith

LOCATION: NECTON APPNTYPE: Outline Land between Brackenwoods and POLICY: Out Settlemnt Bndry Ramms Lane Necton ALLOCATION: N CONS AREA: N

APPLICANT: AC Williamson & Son LB GRADE: N c/o Agent AGENT: Rees Pryer Architects LLP TPO: Y The Studio Drinkstone Office Park PROPOSAL: Proposed residential development with associated access

REASON FOR COMMITTEE CONSIDERATION The site lies outside the defined settlement boundary for Necton which conflicts with Policy CP14 of the Adopted Core Strategy and Development Control Policies Development Plan.

KEY ISSUES Development outside the settlement boundary Impact on residential amenity Landscape character and appearance

DESCRIPTION OF DEVELOPMENT Erection of seven dwellings with associated access at land between Brackenwoods and Ramms Lane. Brackenwoods, Necton.

SITE AND LOCATION The site extends to 0.50ha and lies adjacent to the defined settlement boundary for Necton. It Is located in a predominantly rural location, and surrounded on all fronts by mature trees which are protected by Tree Protection Orders. Residential development is also located to the north, south and west of the proposed site. Necton has been defined as a Local Service Centre within the Local Development Plan. The role and function Necton village is to be protected and enhanced through the protection of existing facilities, the promotion of new facilities in the villages and, where appropriate, allocations for residential growth.

EIA REQUIRED No EIA requirement.

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RELEVANT SITE HISTORY No relevant site history

CP.01 Housing 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.17 Historic Environment NPPF National Planning Policy Framework

OBLIGATIONS/CIL Not Applicable.

CONSULTATIONS

TREE AND COUNTRYSIDE CONSULTANT Initial comments:

The site contains a number of TPO trees (ref 2005 no.38). This does not prevent development as trees are located on boundaries. Any layout should take into the constraints shown on the supplied tree survey (canopy spread and RPA) but should also ensure that trees are sufficiently far enough away from dwellings for there to be no issues with light, falling debris, etc. Any layout will need to be supported by an arboricultural impact assessment and tree protection plan in accordance with BS5837:2012. ECOLOGICAL AND BIODIVERSITY CONSULTANT Initial comments:

The land in question is described as paddock and there are a number of mature trees around the perimeter, some of which appear to be subject to TPOs. Given the nature of the site, and the presence of mature trees, it seems sensible to request a Preliminary Ecological Appraisal (PEA). In usual circumstances, we would request that a PEA is necessary prior to the application being determined (as per clause 99 of Planning

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Circular 06/2005). But in this case, the trees which may have potential for use by bats will be retained, and the site is relatively isolated, so the likelihood of protected species being adversely affected is relatively small. Therefore we would accept that a PEA could be conditioned and its conclusions considered in any subsequent reserved matters. ENVIRONMENTAL HEALTH OFFICERS Initial comments:

I have looked at the application submitted and, based on the information provided to me at this time; there are no objections or comments on the grounds of Environmental Protection, providing the development proceeds in line with the application details. CONTAMINATED LAND OFFICER Initial comments:

I have looked at the application submitted and understand from the matrix tick sheet uploaded by Planning that this development is for less than 10 houses. A pre-determination questionnaire has been uploaded but no photographs were included. NECTON PARISH COUNCIL This site was originally considered and subsequently disregarded by Breckland and this Council for inclusion in the Breckland Local Plan, following advice from the LLFA. We refer you to the detailed LLFA provided map of Necton Ã¢Â¿Â¿ where this site can be seen to have significant risk areas at the proposed access point with Brackenwoods. We have reports and evidence from residents of Brackenwoods, indicating precipitation influenced sewer flooding, following single episodes of heavy rainfall. This supports our view that the current sewer network within this area is overloaded and its design capacity has been exceeded. In its present state, it would not support new connections. access to this site via School Road and Chantry Lane is restricted by two pinch points and not viable for construction traffic of a level required for a development of this size. The applicant may seek to secure construction access from RammÃ¢s Lane (a road already identified by NCC Highways, within the Local Plan process, as unsuitable for access) such access would follow a route along St AndrewÃ¢Â¿Â¿s Lane out of the village. Again, this lane has been identified as unsuitable for large vehicles and there is road signage in place to that effect. Ramms Lane has already been identified by this Parish Council as a walking route within our strategy to promote healthy lifestyles. RammÃ¢Â¿Â¿s Lane already forms part of a circular route and we are planning working to extend our footpath network and incorporate RammÃ¢Â¿Â¿s Lane into a longer circular route, providing opportunities for building fitness. It is already recognised within the Parish as a primary walking route. according to a Land Registry search, this application is for development of two sites, one being a single plot size that has direct access from Brackenwoods and rests within the settlement boundary; the second lies outside the settlement boundary. Therefore, consideration of this application should be made based upon only the portion of the site that is within the settlement boundary and any decisions should incorporate conditions/restrictions as to extension beyond the existing settlement boundary. This Parish has already consulted with Breckland on revision of settlement boundaries and our mutually agreed position is documented in the emerging Local Plan. HISTORIC ENVIRONMENT SERVICE Initial comments:

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In previous pre-application regarding a larger area surrounding the present application site we mentioned that aerial photographs suggest the present application site may contain surviving archaeological earthworks. These possible earthworks are not currently recorded in the Historic Environment Record and their date is unknown. Given the possible presence of earthworks, we recommend commissioning an archaeological rapid identification survey of the area of grass/scrub to assess and report on these potential heritage assets with archaeological interest (the two arable fields do not need to be subject to the rapid identification survey).

Comments following additional information submitted:

The consultee no longer required a rapid identification survey as set out in the above email ref CNF47748_1 dated 26/09/2017. They stated: Please set aside the brief for rapid identification survey attached to that email. We still believe that heritage assets with archaeological interest (buried archaeological remains relating to features of unknown date visible on aerial photographs dating from 1946) will be present at the site and that their significance would be adversely affected by the proposed development. If planning permission is granted, we therefore ask that this be subject to a programme of archaeological work in accordance with National Planning Policy Framework paragraph 141. In this case the programme of archaeological migratory work will commence with informative trial trenching to determine the scope and extent of any further migratory work that may be required (e.g. an archaeological excavation or monitoring of ground works during construction). Recommended conditions have been added to this report.

REPRESENTATIONS The application received three letters of objection which highlighted the below issues:

Rural land becoming a building site Access issues to the A47 Wildlife on site Tree Preservation Orders Increased risk of flooding Traffic congestion Development outside the settlement boundary Surface water accumulation.

ASSESSMENT NOTES 1.0 Principle of sustainable development

1.1 There are three dimensions to sustainable development as identified in paragraph 7 of the National Planning Policy Framework as stated below:

1.2 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 at the right time to support growth and innovation.

1.3 A social role - supporting strong, vibrant and healthy community, by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 environment, with accessible local services that reflect the community's needs and support its health, social and cultural well being, and

1.4 An environmental role - contributing to protecting and enhancing our natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy.

1.5 The proposal lies outside the defined settlement boundary for Necton. therefore conflicts with policy CP14 which states residential development will only be permitted where there are suitable sites available inside the limits of a defined settlement boundary. The site sits on the boundary of the defined settlement boundary for Necton.

1.6 The NPPF paragraph 49 states housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites. On this basis, the surrounding area is predominantly residential and the proposal extends to the same extent of residential development to that of the north and south of the proposal, the proposal is therefore acceptable in principle and constitutes a form of sustainable development.

2.0 Character and Appearance

2.1 All matters other than access have been reserved to be approved subsequently. At this point, the impact on amenity and landscape has been assessed on the basis of indicative site layout only. The detailed design and layout will be reviewed as part of the reserved matters application in respect of the surrounding built form and density of the established residential dwellings.

2.2 From review of the indicative layout proposed, it provide the opportunity for a development that would provide with ample amenity space, restricting any opportunity for overlooking, overshadowing, or affecting the overall character of Brackenwood. To protect residential amenity, a construction management plan detailing construction times, wheel washing details and other matters will be conditioned. The applicant has utilised the available space to accommodate seven dwellings in accordance with policy DC2 highlighting it has the site has ample capacity to accommodate the proposed seven dwellings in an appropriate and sustainable layout which would not detract from the surrounding amenity character of the area.

2.3 It is considered, the location of the site and the development density proposed would have minimal impact on the surrounding open countryside views. The proposals are set back from the boundary of the site, with an indicative vegetative screening provided to the perimeter. Details of landscaping and boundary treatment will be considered at the detailed design stage which will be carefully considered in order to benefit the overall amenity setting of the proposal and protect the open countryside character. The density of this development is consistent with the character of the rural area therefore is considered acceptable

3.0 Trees and Landscaping

3.1 Given the density of the plot size, and the application for the provision of seven dwellings, the scale of these dwellings as shown on the indicative layout is not considered disproportionate to the surrounding residential area. The proposal would not result in the loss of the quality of the surrounding landscape, with limited impact on the protected trees (protected under Tree Preservation Order (ref 2005 no.38). The TPO

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017 does not prevent development as trees are located on boundaries. To investigate this further an arboricultural impact assessment and tree survey have been conditioned. An appropriate landscaping scheme will also be conditioned to ensure the landscape design will complement the design of the proposal in accordance with policy DC 12.

4.0 Impact on the historic environment

4.1 Heritage assets with archaeological interest (buried archaeological remains relating to features of unknown date visible on aerial photographs dating from 1946) were considered as being present at the site and that their significance would be adversely affected by the proposed development. Therefore a scheme of archaeological investigation has been conditioned to be submitted and approved prior to commencement of development in accordance with policy DC17.

5.0 Flooding

5.1 The site is in a flood zone one, and the development of this site will contribute to installing adequate infrastructure to control any surface water discharge. A condition to provide both surface and foul water detailed design prior to commencement has been included within the recommended conditions.

6.0 Conclusions

6.1 In light of the above comments above and the detailed consultation responses received from all parties involved it is the decision of the Council that the proposal constitutes a form of sustainable development with all matters contributing to the further sustainability of the proposal conditioned to ensure its longevity and amenity for local residents. On the basis of the indicative site layout provided, It is considered the site is capable of accommodating seven dwellings in a sustainable manner, enhancing the overall character and appearance of the area with due consideration given to the context of the surrounding residential density. For this reason, the proposal is recommended approval subject to conditions.

RECOMMENDATION Outline Planning Permission

CONDITIONS

3047A 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. 3058 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:-

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The details are not included in the current submission. 3005 Outline Time Limit (3 years) Application for Approval of Reserved Matters must be made not later than the expiration of THREE 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. 3050 Reserved Matters to closely follow Outline The Reserved Matters submitted in pursuance of the outline permission hereby approved shall closely follow those submitted under reference 3PL/2017/0992/O dated 21st November 2017. Reason for condition:- In the interests of the satisfactory development of the site. 3414 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 3412 Trees/hedges to be retained 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. LS17 Submission of PEA Prior to the commencement of development a Preliminary Ecological Apprasial shall be submitted and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Reason for condition:-

There are a number of mature trees around the perimeter of the site with the potential for nesting bats.

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LS17 In accordance with AIA Prior to the commencement of development an arboricultural impact assessment and tree protection plan in accordance with BS5837:2012 shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Reason for condition;-

To ensure that trees are sufficiently far enough away from dwellings for there to be no issues with elements such as light, falling debris etc. LS17 Surface water drainage condition Prior to the commencement of any development, a scheme for the provision, implementation, ownership and maintenance of the surface water drainage shall be submitted in writing and agreed in writing with the Local Authority. The works/scheme shall be constructed and completed in accordance with the approved plans/specification at such time(s) as may be specified in the approved scheme.

Reason for condition:- To ensure a satisfactory method of surface water drainage and to prevent flooding. LS17 Detailed scheme for offsitehighway improvement Notwithstanding the details indicated on the submitted drawings no works shall commence above slab level until a detailed scheme for the off-site highway improvement works as indicated on drawing number 16/1226/sk7 have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway 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. LS17 Off site highways improvements Prior to the first occupation of the development hereby permitted the off-site highway improvement works referred to in Part A of this condition shall be completed to the written satisfaction of the Local Planning Authority in consultation with the Highway Authority.

Reason: To ensure that the highway network is adequate to cater for the development proposed. 3921 Highways Informative 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 and typically this can take between 3 and 4 months. Advice on this matter can be obtained from the County Council's Highways Development Management Group based at County Hall in Norwich. Please contact Kay Gordon 01362 656211.Public Utility apparatus may be affected by this proposal. Contact the appropriate utility service to reach agreement on any necessary

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alterations, which have to be carried out at the expense of the developer. 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. If required, street furniture will need to be repositioned at the Applicants own expense. 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. 3106 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 LS09 Boundary treatment/screening to be agreed Prior to the occupation of the development hereby permitted a plan indicating the positions, design, materials and type of boundary treatment/screening to be erected shall be submitted to and approved in writing by the Local Planning Authority. The boundary treatment/screening shall be completed before the use hereby permitted is commenced. Development shall be carried out in its entirety in accordance with the approved details. Reason for condition:- In the interests of the satisfactory appearance of the development in accordance with policy DC 16 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 3408 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

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Document 2009. This condition will require to be discharged 3410 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 3949 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

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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 3946 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 3380 Archaeological work to be agreed Prior to the commencement of the development, the implementation of a programme of archaeological work in accordance with a written scheme of investigation shall be submitted to and approved in writing by the Local Planning Authority. Reason for condition:-

To ensure the potential archaeological interest of the site is investigated and protected from the outset of the development, in accordance with Policy DC 17 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 3385 Archaeological condition No development, including demolition, shall take place within the application site until the applicant or their agent or successor in title has a) caused to be implemented a programme of archaeological evaluation in accordance with a first written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority; and next b) submitted the results of the archaeological evaluation to the Local Planning Authority; and next c) secured the implementation of a programme of archaeological mitigatory work in

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accordance with a second written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority. Reason for condition:- To ensure the potential archaeological interest of the site is investigated and protected from the outset of the development, in accordance with Policy DC 17 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged AR01 Archaeological work to be agreed No development shall take place until:

A) an archaeological 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 and 6) Nomination of a competent person or persons/organization to undertake the works set out within the written scheme of investigation;

B) No development shall take place other than in accordance with the written scheme of investigation approved under Part (A);

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 archaeological written scheme of investigation approved under Part (A) and the provision to be made for analysis, publication and dissemination of results and archive deposition has been secured. Reason for condition:- To ensure the potential archaeological interest of the site is investigated in accordance with policy DC 17 of the Adopted Core Strategy and Development Control Policies Development Plan Document 2009. This condition will require to be discharged 3925 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 3804 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:-

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

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 HA50 Details of the private drive Prior to the first occupation of the development hereby permitted the vehicular access shall be provided and thereafter retained at the position shown on the approved plan in accordance with the highway specification Dwg. No. TRAD 1. 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: To ensure satisfactory access into the site and avoid carriage of extraneous material or surface water from or onto the highway. This condition will require to be discharged HA50 Vehicular and cycle access Notwithstanding the submitted details the proposed private drive shall be maintained in perpetuity at a minimum width of 4.5 metres for its complete length and shall be constructed in accordance with details to be agreed for the first 5m into the site as measured from the nearside carriageway edge.

Reason: In the interest of highway safety and traffic movement. This condition will require to be discharged HA50 Visability splays Vehicular and (and cyclist) access to and egress from the adjoining highway shall be limited to the access onto Brackenwoods shown on drawing No 16/1226/sk7 only and access/egresses onto Ramms Lane shall be permanently closed to vehicular traffic, and the highway verge 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: In the interests of highway safety. This condition will require to be discharged HA50 Non standard highway condition Prior to the first occupation of the development hereby permitted a visibility splay measuring 2.4 m. x 25 m. metres shall be provided to the east of the existing turning head and such splay shall thereafter be maintained at all times free from any obstruction exceeding 0.225 metres above the level of the adjacent highway carriageway.

Reason: In the interests of highway safety. This condition will require to be discharged ER18 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.

COMREPORT (ODB-Ocella One Click Agenda/Officer report) BRECKLAND COUNCIL - PLANNING COMMITTEE - 18th December 2017

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. This condition will require to be discharged

COMREPORT (ODB-Ocella One Click Agenda/Officer report)