COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

Item Applicant Parish Reference No. No. 1 J A Askew & Partners 3PL/2007/0886/F 2 Tesco Stores Ltd 3PL/2007/0929/F 3 Marlborough Properties UK Ltd 3PL/2007/0993/D 4 Mr Brian Wilson BESTHORPE 3PL/2007/1097/F 5 Mr & Mrs Daisley 3PL/2007/1142/O 6 Mr A Woodhouse WHINBURGH/WESTFIELD 3PL/2007/1143/O 7 Citygate Development Ltd THETFORD 3PL/2007/1164/F 8 Mr M Smith 3PL/2007/1166/O 9 Mr & Mrs W Morgan 3PL/2007/1236/O 10 P Withey DEREHAM 3PL/2007/1237/F

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

ITEM 1 RECOMMENDATION : REFUSAL

REF NO: 3PL/2007/0886/F

Full LOCATION: OLD BUCKENHAM APPN TYPE: Innishowen POLICY: Out Settlemnt Bndry Fen Street ALLOCATION: No Allocation

CONS AREA: N APPLICANT: J A Askew & Partners Scales Farm Old Buckenham TPO: N

LB GRADE: N AGENT: Davies & Co Victoria House 31-33 Victoria Street

PROPOSAL: Removal of agricultural occupancy condition on 3/74/0089

KEY ISSUES Inadequate marketing

DESCRIPTION OF DEVELOPMENT This application seeks to remove an agricultural occupancy condition imposed on the dwelling in 1974.

SITE AND LOCATION The site is in a rural location to the west of Old Buckenham and outside the Settlement Boundary. The dwelling is a modern two storey house. To the rear of the site is an agricultural building.

RELEVANT SITE HISTORY In 2004 planning permission was granted to convert the agricultural building on the site to a dwelling.

POLICY CONSIDERATIONS Policy HOU.7 of the Local Plan (Adopted September 1999) is considered relevant to this application. HOU.7 Agricultural/Forestry occupancy conditions will only be removed in exceptional circumstances.

CONSULTATIONS OLD BUCKENHAM P C No Objection

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

REPRESENTATIONS Councillor Joel supports the application.

ASSESSMENT NOTES * This application is referred to Development Control Committee as the applicant is a Member of Breckland Council. * Policy HOU.7 states that applications to remove agricultural occupancy conditions will not be approved unless it can be demonstrated that there is no longer a need for agricultural dwellings in the locality and the property has been advertised at a price and for a period which reflects the occupancy condition and the market and the property has remained unsold. * Information submitted with the application states that the decline of the dairy industry resulted in the decision to cease milk production at the site in 2004. * The dwelling is located some 0.75 miles from the main farmstead at Scales Farm and in the 1980's 30 suckler cows were housed on the site. The majority of in calf heifers and steers were also located on the site. * At its peak in the mid 1990's the dairy herd located at Scales Farm consisted of 130 milking cows. * The application states that the partnership currently farms some 50 acres comprising cereals, sugar beet, maize, potatoes and cash crops together with a small suckler cow herd and fattening store cattle. The partnership is currently in the process of restructuring the business to realise its maximum potential and integrating the resources and buildings. * It is considered that given the size of the existing operation there could be merit in retaining the agricultural occupancy condition. The property has been advertised for sale at a discounted rate to take account of the agricultural restriction, on only 3 separate occasions over a 2 month period earlier this year. Normally a minimum marketing period of 12 months would be expected to fully test the market. * In addition a survey/questionnaire was sent out to 12 farming businesses mainly in the local area. All indicated that they did not require the property for an agricultural employee at their farm. * It is considered that the length of the marketing period has been insufficient to comply with Policy HOU.7. The questionnaire/survey may demonstrate a degree of lack of demand but is not considered to be as robust an indication of the market demand as a comprehensive marketing strategy. Accordingly, it is considered that lack of demand for an agricultural dwelling in the locality has not been adequately demonstrated, contrary to the requirements of Policy HOU.7. The application is, therefore, recommended for refusal.

RECOMMENDATION Refusal of Planning Permission

REASON(S) FOR REFUSAL

9900 Adopted DWLP (September 1999) HOU.7 - Agricultural occupancy 9900 Inadequate marketing

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

ITEM 2 REPORT RECOMMENDING APPROVAL

REF NO: 3PL/2007/0929/F

Full LOCATION: DEREHAM APPN TYPE: Tesco Dereham POLICY: In Settlemnt Bndry Kingston Road ALLOCATION: N

CONS AREA: N APPLICANT: Tesco Stores Ltd PO Box 400 Cirrus House TPO: N

LB GRADE: N AGENT: G L Hearn 20 Soho Square London

PROPOSAL: Proposed extension of tesco (class A1) retail store with ancillary works to provide add. car parking & landscaping CONSULTATIONS

RECOMMENDATION Planning Permission

1950 SEE MAIN AGENDA ITEM

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

ITEM 3 RECOMMENDATION : APPROVAL

REF NO: 3PL/2007/0993/D

Reserved Matters LOCATION: THETFORD APPN TYPE: Land off London Road/Kimms Belt POLICY: In Settlemnt Bndry

ALLOCATION: No Allocation

CONS AREA: N APPLICANT: Marlborough Properties UK Ltd 14 White Lion Walk Banbury TPO: N

LB GRADE: N AGENT: Nicol Thomas Ltd Gateway House 53 High Street

PROPOSAL: Mixed use development comprising residential and retail

KEY ISSUES 1. Design 2. Layout

DESCRIPTION OF DEVELOPMENT Reserved matters approval is sought for a mixed use scheme of residential and commercial development on land at Kimms Belt. The scheme would include 4 retail units and 17 flats, together with parking and servicing areas.

SITE AND LOCATION The site is situated on the corner of London Road and Kimms Belt. The site extends to 0.46 hectare and is presently unused and overgrown. Surrounding development is mixed in character, with established commercial development to the south-west and housing to the north-east.

RELEVANT SITE HISTORY Outline planning permission for retail and residential development was granted in July 2004.

POLICY CONSIDERATIONS Policy ENV.26 of the Breckland District Local Plan (Adopted September 1999) is considered relevant to this application. ENV.26 High standards of design in all new buildings will be sought.

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

CONSULTATIONS THETFORD T C Members want to see a reinstatement of the previous landscape character through the planting of a scots pine hedge to the London Road elevation. There was support for the police comment on railings in preference to fencing. * HIGHWAY AUTHORITY - has raised no objection to the proposal subject to minor revisions to the proposed parking and pedestrian access arrangements.

* COUNCIL'S TREE & COUNTRYSIDE OFFICER - has raised no objection to the application.

* COUNCIL'S ENVIRONMENTAL HEALTH OFFICER - has raised no objection subject to the use of appropriate acoustic glazing to the proposed flats.

REPRESENTATIONS None

ASSESSMENT NOTES * The proposal is referred to Development Control Committee as a "major" application. * The principle of a mixed use development to provide local shop units and flats has been accepted by the grant of outline permission in July 2004. The detailed scheme now proposed accords with the terms of the outline permission in terms of the mix of uses and the extent of retail floorspace. * The site occupies a prominent location on the corner of London Road and Kimms Belt. It is considered that the proposed development offers an opportunity to enhance the appearance of the area. The design approach proposed is broadly traditional, with two-storey buildings proposed in a mixture of facing brick and render, under tiled, pitched roofs. Negotiations are presently on-going in relation to detailed design matters to ensure that the scheme reflects local building traditions.

RECOMMENDATION Approval of Reserved Matters

CONDITIONS

3012 Approval of Reserved Matters condition 3106 External materials and samples to be approved 3740 Any highway conditions 3943 Contamination found during development 3994 Non-standard note - conditions of outline approval 3998 NOTE: Reasons for Approval

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

ITEM 4 RECOMMENDATION : APPROVAL

REF NO: 3PL/2007/1097/F

Full LOCATION: BESTHORPE APPN TYPE: Virginia Works POLICY: In Settlemnt Bndry Road ALLOCATION: No Allocation

CONS AREA: N APPLICANT: Mr Brian Wilson Waverly Vale Norwich Road TPO: Y

LB GRADE: N AGENT: Mr David Cumming CSA Design Studio Wilby

PROPOSAL: Proposed new one and a half storey 4 bed house and replacement 3 bed chalet bungalow (resubmission)

KEY ISSUES 1. Scale of development 2. Amenity

DESCRIPTION OF DEVELOPMENT Full planning permission is sought to construct a one and a half storey four bedroom detached house and a three bedroom detached chalet bungalow (following demolition of the existing bungalow at the site) on land which was formerly part of a haulage yard. Both new dwellings would be served by their own parking and turning areas.

SITE AND LOCATION The site lies within the Settlement Boundary for Besthorpe and would be accessed via a shared access off Norwich Road. A number of other detached dwellings have already been constructed on the former haulage yard site.

RELEVANT SITE HISTORY 3PL/2006/0635/F – Erection of 1.5 storey four bedroom house – Refusal 3PL/2005/1812/F – Terrace of Four Starter Homes – Withdrawn 3PL/2001/0197/F – Erection of Two-Storey House and Garage – Approved 3PL/1999/0291/F – Erection of Three Dwellings and Detached Garages – Approved

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

POLICY CONSIDERATIONS Policies HOU.4, HOU.15, HOU.16, TRA.5 and ENV.28 of the Breckland District Local Plan (Adopted September 1999) are considered relevant to this application. HOU.4 Within the Settlement Boundaries of villages identified for Individual dwellings or small groups of housing, development will be permitted where it will enhance the form, character and setting of the village. HOU.15 The design and layout of new residential development will be to a high standard. HOU.16 The density of housing development will reflect its environment and locality. TRA.5 Where development would endanger transport safety, generate traffic that would be detrimental to the transport network, require highway improvements that would conflict with conservation considerations or attract traffic that would have an adverse effect on residential amenity, it will not be permitted. ENV.28 Amenity will be protected.

CONSULTATIONS BESTHORPE P C Object to this proposal. A copy of the detailed response is included with this agenda item. COUNCIL'S TREE AND COUNTRYSIDE OFFICER - No objection.

HIGHWAYS AUTHORITY - No objection.

COUNCIL'S ENVIRONMENTAL HEALTH OFFICER - No objection.

COUNCIL'S CONTAMINATED LAND OFFICER - No objection subject to the imposition of conditions relating to the treatment of any ground contamination at the site.

REPRESENTATIONS Letters of objection have been received from neighbouring residents on the grounds of inadequacy of access to cater for additional traffic, overdevelopment, impact on the occupant of the existing bungalow who has life tenancy, impact on amenities of surrounding properties including increased noise and disturbance and loss of privacy, increased pressure on local services, difficulties in the removal of the existing concrete hardstanding and in the provision of a waste collection service from the site.

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

ASSESSMENT NOTES * This proposal has been drawn up in an attempt to address the reasons for refusal cited in respect of planning application 3PL/2006/0635/F. The previous unsuccessful application sought to retain the existing bungalow at the site and to erect a 1.5 storey house alongside it, whereas the current proposal seeks the provision of two new dwellings, following the demolition of the existing bungalow. * Demolishing the existing bungalow allows for the provision of two dwellings on the site with suitably proportioned and positioned curtilages which would be in keeping with the surrounding properties. Furthermore, it would allow a pleasing and appropriate transition in dwelling size and height from the existing substantial two storey dwelling (known as Thorpe House) to the east of the site to the more modest chalet bungalow (known as Chaslin) to the west of the site. * The application site, which lies within the Settlement Boundary for Besthorpe, has an untidy and semi-commercial appearance partly due to the utilitarian tarmac apron surrounding the existing bungalow. The development of this site with two suitably proportioned and detailed dwellings (as is proposed here) would improve the overall character and appearance of the locality and remove any uncertainty about the future of this site. * The Highway Authority have no objections to the proposal and from a detailed inspection of the site and surroundings, your officers can see no reason why there would be any problem with vehicular access to the site, whether it be for the occupiers private motor vehicles, emergency service vehicles and/or waste collection freighters. * The application details have been amended since submission to alter the design of a 1st floor window in the chalet bungalow which would otherwise overlook the private area to the rear of the new 1.5 storey house. * The proposed new dwellings have been positioned and designed such that they would not overlook existing adjoining dwellings or unacceptably affect the amount of daylight, sunlight and outlook available to them. * The application has been carefully assessed in relation to the above-mentioned relevant Local Plan Policies. It is clear to your officers that considerable thought has gone into devising a revised scheme which addressed the deficiencies of the previous proposal and your officers are now happy to recommend approval of this application subject to appropriate conditions.

RECOMMENDATION Planning Permission

CONDITIONS

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

3007 Full Permission Time Limit (3 years) 3048 In accordance with submitted AMENDMENTS 3100 Wall materials 3102 Roofing materials 3212 No additional windows at first floor 3302 No P.D. for extensions, roof alterations, porches 3310 No alterations to lose garage 3405 Fencing/walls - details and implementation 3408 Landscaping - details and implementation 3414 Fencing protection for existing trees 3514 Replacement dwelling - existing to be demolished 3712 Access and car park laid out prior to use 3802 Precise details of surface water disposal 3804 Precise details of foul water disposal 3944 Contaminated Land - Desk top study 3943 Contamination found during development 3990 NOTE: re. land ownership rights 3998 NOTE: Reasons for Approval

DC131

BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

ITEM 5 RECOMMENDATION : REFUSAL

REF NO: 3PL/2007/1142/O

Outline LOCATION: FRANSHAM APPN TYPE: The Manor POLICY: Out Settlemnt Bndry Main Road ALLOCATION: No Allocation

CONS AREA: N APPLICANT: Mr & Mrs Daisley The Manor Main Road TPO: N

LB GRADE: N AGENT: dwa planning 6 Middlemarch Road Dereham

PROPOSAL: Erection of one dwelling

KEY ISSUES 1. Outside Settlement Boundary 2. No justification 3. Consolidation of sporadic development

DESCRIPTION OF DEVELOPMENT The proposal is an outline application for the erection of a dwelling. Means of access forms part of the application with all other matters reserved.

SITE AND LOCATION The site lies within the curtilage of a dwelling south of the A47 with direct access onto the A47.

RELEVANT SITE HISTORY 3PL/2007/0194 - Outline application for erection of dwelling - Refused April 2007.

POLICY CONSIDERATIONS Policy HOU.6 of the Breckland District Local Plan (Adopted September 1999) is/are considered relevant to this application. HOU.6 Residential development will not be permitted outside of Settlement Boundaries unless it is justified for agriculture, forestry, recreation, tourism or the expansion of existing facilities.

CONSULTATIONS FRANSHAM P C NO REPLY AS AT 17TH AUGUST, 2007

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

HIGHWAYS AGENCY -Further information required to ensure access complies with current DRMB standards

NORFOLK LANDSCAPE ARCHAEOLOGY - No objection subject to conditions.

COUNCIL'S ENVIRONMENTAL HEALTH OFFICER - Advisory comments re foul drainage

REPRESENTATIONS None

ASSESSMENT NOTES * This application is referred to Development Control Committee at the request of the local Ward Representative. * In view of the predominantly loose-knit, informal development of the parish, a Settlement Boundary was not considered appropriate. As such, the site is considered to fall outside a Settlement Boundary * The erection of a dwelling in this location would result in the undesirable consolidation of the existing sporadic development to the detriment of the character and visual amenities of the area. * No justification has been put forward as to why an exception to policy should be made. * The proposal is considered contrary to Policy HOU.6 and is recommended for refusal.

RECOMMENDATION Refusal of Outline Planning Permission

REASON(S) FOR REFUSAL

9030 Despite within hamlet,outside Settlement Boundary 9044 Policy not met outside settlement 9046 Proposal not connected with agriculture etc. 9140 Further consolidation of sporadic development

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

ITEM 6 RECOMMENDATION : REFUSAL

REF NO: 3PL/2007/1143/O

Outline LOCATION: WHINBURGH/WESTFIELD APPN TYPE: OS 1412 (part) POLICY: Out Settlemnt Bndry Whinburgh Road ALLOCATION: No Allocation Westfield CONS AREA: N APPLICANT: Mr A Woodhouse Gorse Farm Whinburgh Road TPO: N

LB GRADE: N AGENT: Mr A Brackpool 13 Bishoptyne Avenue Dereham

PROPOSAL: Erection of a 3 bedroom bungalow and garage

KEY ISSUES Residential development in the countryside contrary to Policy HOU.6 of the Breckland District Local Plan.

DESCRIPTION OF DEVELOPMENT This is an outline application seeking planning permission for the erection of a bungalow and garage on 0.1ha off Whinburgh Road, Westfield.

SITE AND LOCATION The application site, which appears as part of a meadow, lies outside any defined Settlement Boundary. Located approximately 1km south of Toftwood the site lies adjacent to a dwelling known as Woods End in an area characterised by sporadic development.

RELEVANT SITE HISTORY 3PL/2007/1143 - Refusal - Bungalow and garage. 3PL/1996/0982 - Refusal - Erection of bungalow. 3PL/1996/0173 - Refusal - Erection of bungalow. 3PL/1995/0624 - Refusal - Erection of bungalow.

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

POLICY CONSIDERATIONS Policies HOU.6 and ENV.3 of the Breckland District Local Plan (Adopted September 1999) are considered relevant to this application. HOU.6 Residential development will not be permitted outside of Settlement Boundaries unless it is justified for agriculture, forestry, recreation, tourism or the expansion of existing facilities. ENV.3 The landscape outside of the Areas of Important Landscape Quality and Historic Parks and Gardens to be protected from development wherever possible.

CONSULTATIONS WHINBURGH & WESTFIELD P C No Objection.

HIGHWAYS AUTHORITY - No objection.

REPRESENTATIONS None

ASSESSMENT NOTES * The application is reported to Committee at the request of the Ward Representative. * This application follows a recent refusal (3PL/2007/0148/O) for an identical proposal. The same policies apply and there has been no material change in circumstance since the previous decision. * The applicant for this proposal is stated to be a certified JCB engineer who takes responsibility for the maintenance of such equipment at the C Woodhouse Digger Hire business located at Gorse Farm, to the south east of the site. * The need to service plant is not in this instance considered sufficient to outweigh the policy constraint of not allowing new residential development in the countryside. Such responsibilities could readily be satisfied by the applicant living in Toftwood/Dereham. * For the above reasons the application is recommended for refusal, being contrary to Policy HOU.6 and ENV.3 of the Breckland District Local Plan.

RECOMMENDATION Refusal of Outline Planning Permission

REASON(S) FOR REFUSAL

9042 Adopted D.W.L.P.(September 1999) HOU.6 - Outside villages 9042 Adopted D.W.L.P.(September 1999) HOU.6 - Outside villages 9044 Policy not met outside settlement 9046 Proposal not connected with agriculture etc. 9048 No evidence that cannot be met in settlement

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

ITEM 7 RECOMMENDATION : REFUSAL

REF NO: 3PL/2007/1164/F

Full LOCATION: THETFORD APPN TYPE: Glunz & Jensen Ltd POLICY: In Settlemnt Bndry Wyatts Way ALLOCATION: No Allocation

CONS AREA: N APPLICANT: Citygate Development Ltd Redcliffe House Lake View Drive TPO: N

LB GRADE: N AGENT: Woodfellows LLP South Green Park South Green

PROPOSAL: Variation of condition 5 on appl. 3PL/2007/0414/F

KEY ISSUES Visual amenity.

DESCRIPTION OF DEVELOPMENT This application seeks to vary condition 5 of planning permission 3PL/2007/1164/F which imposes a height restriction of 3m on the external storage of materials such as timber racks and building blocks. The submitted plan proposes a maximum stacking height of 4.2m for building blocks. A 4m high timber screen fence is proposed around the Wyatt Way/ Road corner of the site.

SITE AND LOCATION The site is the former Glunz and Jensen factory located at the junction of Mundford Road and Wyatt Way within an established industrial area. There is a large expanse of open grassed area between the building and Wyatt Way. A landscaping bund along the Mundford Road frontage serves to screen the building. Existing industrial premises are located adjacent to and opposite the site.

RELEVANT SITE HISTORY Planning permission was granted in June for a change of use of the building and forecourt to a builders merchants, along with minor alterations to the building itself.

POLICY CONSIDERATIONS Policy ENV.9 of the Breckland District Local Plan (Adopted September 1999) is considered relevant to this application. ENV.9 The visual amenity value of open spaces will be protected from development

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

CONSULTATIONS THETFORD T C The Committee was strongly against any variation of condition 5, recalling its previously expressed view that it had wanted to see no open storage arrangements on this gateway site. COUNCIL'S ECONOMIC DEVELOPMENT OFFICER - Supports the applicants proposed investment and move into Thetford which helps to achieve the aim of strengthening the local economy and providing employment for the local economy. However we are unable to comment specifically on the height restrictions imposed by the Planning Department.

REPRESENTATIONS None

ASSESSMENT NOTES * Members will note that planning permission was granted for a change of use of the building to a builders merchants in June following consideration by the Development Control Committee. * A restriction on the height of external storage of materials of 3m was imposed in the interests of visual amenity. It was noted that the Town Council were opposed to any external storage within the open grassed area to the front of the building. * The agent has explained that stock handling and storage is paramount to the tenant, so increasing the stack height is essential. * Whilst it is acknowledged that the site is within an established industrial area it is nevertheless considered relevant to have regard to the visual impact of proposed development. The industrial designation should not necessarily mean there is no reason to have regards to the visual impact of development. * The site occupies a visually prominent corner on one of the main approaches into Thetford and the approved change of use to a builders merchants will undoubtedly alter the existing appearance and character of the site. It was considered important to minimise the visual impact of the change of use. * Given the prominent location of the site it is considered necessary and appropriate to restrict the height of external storage of materials in the interests of visual amenity. The proposed increase in height is considered to be detrimental to visual amenity and the application is, therefore, recommended for refusal.

RECOMMENDATION Refusal of Planning Permission

REASON(S) FOR REFUSAL

9900 Detrimental impact on visual amenity

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

ITEM 8 RECOMMENDATION : REFUSAL

REF NO: 3PL/2007/1166/O

Outline LOCATION: SWAFFHAM APPN TYPE: Land adjacent to 1 Low Road POLICY: Out Settlemnt Bndry

ALLOCATION: No Allocation

CONS AREA: N APPLICANT: Mr M Smith Bramleys Massingham Road TPO: N

LB GRADE: N AGENT: dwa planning 6 Middlemarch Road Toftwood

PROPOSAL: Erection of one dwelling and garage

KEY ISSUES 1. Impact upon character and appearance of the area 2. Development outside Settlement Boundary

DESCRIPTION OF DEVELOPMENT Outline planning permission is sought for the construction of a single dwelling and garage with all matters reserved.

SITE AND LOCATION The application site is roughly triangular in shape with vehicular access via a private drive which adjoins Low Road to the south of the site. At present the site is used for the storage of motor vehicles. To the east and south of the site are existing residential dwellings and to the north is the former railway track. The site boundaries are delineated by mature vegetation.

RELEVANT SITE HISTORY 3PL/1988/2098/O - Erection of Bungalow. Refused in November 1988.

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

POLICY CONSIDERATIONS Policies TRA.5 and HOU.6 of the Breckland District Local Plan (Adopted September 1999) are considered relevant to this application. TRA.5 Where development would endanger transport safety, generate traffic that would be detrimental to the transport network, require highway improvements that would conflict with conservation considerations or attract traffic that would have an adverse effect on residential amenity,it will not be permitted. HOU.6 Residential development will not be permitted outside of Settlement Boundaries unless it is justified for agriculture, forestry, recreation, tourism or the expansion of existing facilities.

CONSULTATIONS SWAFFHAM TOWN COUNCIL Objection. Swaffham Town Council's views are to object to this application on the grounds that the proposed development is outside of the settlement area. COUNCIL'S CONTAMINATED LAND OFFICER - No object subject to conditions.

HIGHWAY AUTHORITY - Having regard to existing uses, no objection

REPRESENTATIONS Letter of support

ASSESSMENT NOTES * This application is reported to Committee at the request of a Ward Member. * The main issue in relation to this is whether there is adequate justification for granting planning permission for a residential development outside of the defined settlement limit for Swaffham. * The agent contends that as the site is used for car storage and the removal of parts in association with a nearby business which is considered incompatible with the adjacent residential uses, that it would be beneficial to the locality if this were removed and replaced with a more appropriate development, namely a residential dwelling. * It is considered that, given that the site is at present well contained by mature vegetation and is kept in a relatively tidy order and has not been the subject of complaints from local residents, it is not felt that there are significant extenuating circumstances for granting permission against adopted Local Plan Policy. * For the above reasons the application is recommended for refusal.

RECOMMENDATION Refusal of Outline Planning Permission

REASON(S) FOR REFUSAL

9042 Adopted D.W.L.P.(September 1999) HOU.6 - Outside villages 9044 Policy not met outside settlement 9046 Proposal not connected with agriculture etc.

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

ITEM 9 RECOMMENDATION : REFUSAL

REF NO: 3PL/2007/1236/O

Outline LOCATION: HOCKERING APPN TYPE: Land at Heath Road POLICY: Out Settlemnt Bndry

ALLOCATION: No Allocation

CONS AREA: N APPLICANT: Mr & Mrs W Morgan 2 Lane Hockering TPO: N

LB GRADE: N AGENT: Mr & Mrs W Morgan 2 Mattishall Lane Hockering

PROPOSAL: Residential dwelling and cattery

KEY ISSUES 1. Outside Settlement Boundary 2. Insufficient justification

DESCRIPTION OF DEVELOPMENT This outline application seeks to establish the principle of the development of a cattery to accommodate up to 40 cats and a dwelling on 0.16 ha of land at Heath Road, Hockering. Whilst all matters are reserved for future determination, an indicative layout has been submitted showing a 6m x 12m cattery building on the site of an existing mobile home and dwelling and garage on an enclosed area of land to the north.

SITE AND LOCATION The site, which lies outside the defined Settlement Boundary, is located off the western carriageway of Heath Road, approximately 1km north of the A47 trunk road. A small paddock which is in the applicants’ control forms a buffer between the site and a row of 12 no. semi- detached dwellings. The site benefits from an existing access.

RELEVANT SITE HISTORY 3PL/2005/0021 – Refusal – Erection of shed for storage of feed/bedding for horses (Retrospective) Enforcement Action ref ENF/2005/0128 for removal of shed

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

POLICY CONSIDERATIONS Policy HOU.6 of the Breckland District Local Plan (Adopted September 1999) is considered relevant to this application. HOU.6 Residential development will not be permitted outside of Settlement Boundaries unless it is justified for agriculture, forestry, recreation, tourism or the expansion of existing facilities.

CONSULTATIONS HOCKERING P C NO RESPONSE AS AT 15TH AUGUST 2007. HIGHWAY AUTHORITY – To be reported verbally

COUNCIL'S ENVIRONMENTAL HEALTH OFFICER – To be reported verbally

REPRESENTATIONS Two letters of support have been received.

ASSESSMENT NOTES * This proposal, in outline, is for the erection of a shed to provide 10 single runs and 8 double runs to accommodate up to 40 cats. * An indicative business case, based on maximum occupation for 52 weeks has been provided. * The house is required by the applicants, who are stated to be in poor health, for the care and supervision of the cats. * Policy HOU.6 of the Breckland District Local Plan advises that new dwellings in the countryside will not be permitted unless they can be fully justified in respect of the effective management of an agricultural or similar rural enterprise. * Whilst it may be convenient to establish a cattery business on a “greenfield site” it is not necessarily essential to locate them outside the towns and villages as they do not normally give rise to amenity issues. * In addition, it is not considered that the applicants have sufficiently proved a functional need for a dwelling or a financial case to support it. * The application is recommended for refusal and enforcement action sought for the removal of the mobile home from the site.

RECOMMENDATION Refusal of Outline Planning Permission

REASON(S) FOR REFUSAL

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

9042 Adopted D.W.L.P.(September 1999) HOU.6 - Outside villages 9044 Policy not met outside settlement 9046 Proposal not connected with agriculture etc. 9048 No evidence that cannot be met in settlement 9110 D.W.L.P. - ENV.3 - Protected for its own sake 9120 Unwarranted intrusion/ribbon development 9800 NOTE - Enforcement Notice Authorisation requested

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

ITEM 10 RECOMMENDATION : APPROVAL

REF NO: 3PL/2007/1237/F

Full LOCATION: DEREHAM APPN TYPE: 20 School Lane POLICY: In Settlemnt Bndry Toftwood ALLOCATION: No Allocation

CONS AREA: N APPLICANT: P Withey The Old Granary Barnham Broom Road TPO: N

LB GRADE: N AGENT: Mr B A Fuller 2 Aldwick Road

PROPOSAL: Single storey extension & change of use to day care childrens nursery

KEY ISSUES \Nursery use of existing and extended bungalow - no amenity harm will result.

DESCRIPTION OF DEVELOPMENT This application proposes a 6m long single storey addition to the southern face of this bungalow at Toftwood with a 14m x 5.5m single storey wing extending towards the eastern site boundary. The additional and existing accommodation is proposed to be used as a children’s day nursery. Four (4) staff parking spaces are to be provided as will 8 spaces for parents dropping off their children.

SITE AND LOCATION The application site is located on the corner of School Road and Boyd Avenue, Toftwood. This part of School Lane consists mainly of bungalows whilst on Boyd Avenue immediately south of the site there are two storey houses. Toftwood First & Middle Schools lie 50m north east of the site. A 16.4m long by 2.3m high brick wall forms the south-eastern boundary to the site. This wall returns into the site to create an enclosed garden space.

RELEVANT SITE HISTORY 3PL/2006/0720/O – Refused – Erection of 3 no. bed dwelling. Appeal dismissed 31.7.07.

POLICY CONSIDERATIONS Policy ENV.28 of the Breckland District Local Plan (Adopted September 1999) is considered relevant to this application. ENV.28 Amenity will be protected.

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

CONSULTATIONS DEREHAM T C Councillors felt it was a commendable scheme by the applicants, however residents had objected on the grounds of increased traffic. Town Councillors were supportive of the concept but questioned the location and were gald to note that this plan would go to committee as a sensitive application. COUNCIL'S ENVIRONMENTAL HEALTH OFFICER – No objection subject to condition.

HIGHWAY AUTHORITY – Comments to be presented verbally at meeting.

REPRESENTATIONS Letters of objection have been received raising concerns in respect of loss of privacy, increased traffic, noise and disturbance, lack of parking, impact on the character of the area, waste disposal of nappies etc.

ASSESSMENT NOTES * The proposed extension, which will increase the floor area of the bungalow to 251m2, is aimed at providing additional nursery space whilst also creating an enclosed and secure play yard through the retention of the 2.3m high boundary wall. * The resultant building will provide 4 no. nursery rooms, a sleep room, staff room, office and toilets. * Although some of the existing planting in the front garden is to be removed to provide space for parking and manoeuvring, the eastern boundary hedge is to be retained so as to retain a soft edge to the site. A cycle parking area is to be provided. * The applicants, who have much experience in the running of day nurseries, have identified a significant under-provision in nursery spaces in the Dereham/Toftwood areas. This site was chosen because of its close proximity to the existing Toftwood First/Middle Schools as it would be of benefit to parents whose children attend those schools. Such use, it is stated, would reduce car borne travel, not only because the site is readily accessible in terms of walking distances but would also reduce the need for double or longer journeys. * Subject to conditions to restrict the numbers of children using the play yard at any one time and an hours of operation condition, the Environmental Health Officer raises no objection. * The proposal is, therefore, recommended for approval as it will result in a community benefit without harm to local amenity.

RECOMMENDATION Planning Permission

CONDITIONS

DC131 BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 03-09-2007

3007 Full Permission Time Limit (3 years) 3046 In accordance with submitted plans 3110 External materials to match existing 3920 Outside play activities 3534 Hours restriction and no Sunday working 3712 Access and car park laid out prior to use 3998 NOTE: Reasons for Approval

DC131