BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 02-06-2010

Item Applicant Parish Reference No. No. 1 Bernard Matthews Green Energy 3PL/2009/0881/F 2 Mr E Colville LEXHAM 3PL/2009/1138/F 3 Mr E Colville LEXHAM 3PL/2009/1139/LB 4 Rev D Blackledge 3PL/2009/1150/F 5 Mr & Mrs J Stocking 3PL/2010/0182/F 6 Ashley Care Group 3PL/2010/0227/F 7 Mrs B A Goddard 3PL/2010/0376/F 8 Mr Anthony Gaskin ATTLEBOROUGH 3PL/2010/0381/F

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ITEM 1 RECOMMENDATION : APPROVAL

REF NO: 3PL/2009/0881/F

Full LOCATION: NORTH PICKENHAM APPN TYPE: North Pickenham Airfield POLICY: Out Settlemnt Bndry North Pickenham Road ALLOCATION: No Allocation

CONS AREA: N APPLICANT: Bernard Matthews Green Energy (North Pickenham) Ltd Great Witchingham TPO: N

LB GRADE: N AGENT: Engena Ltd The Old Stables Bosmere Hall

PROPOSAL: Installation of 2 wind turbines (125m height), meteorological mast, substation and assoc. works CONSULTATIONS NORTH PICKENHAM P C No objection.

RECOMMENDATION Planning Permission

CONDITIONS

3920 REPORT ITEM

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ITEM 2 RECOMMENDATION : APPROVAL

REF NO: 3PL/2009/1138/F

Full LOCATION: LEXHAM APPN TYPE: Manor POLICY: Out Settlemnt Bndry

ALLOCATION: No Allocation

CONS AREA: N APPLICANT: Mr E Colville West Lexham Manor West Lexham TPO: N

LB GRADE: Within Curtilage G2 AGENT: G F Bambridge Ltd Woodrush Cottage Mill Common

PROPOSAL: Change of use, redundant bdgs to create education centre (residential)

CONSULTATIONS LEXHAM P C No objection Comments:- 1. No mention of water supply. There is no public supply at West Lexham 2. The development will fundamentally change the character of a residcential listed property

RECOMMENDATION Planning Permission

CONDITIONS

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ITEM 3 RECOMMENDATION : APPROVAL

REF NO: 3PL/2009/1139/LB

Listed Build Consent LOCATION: LEXHAM APPN TYPE: West Lexham Manor POLICY: Out Settlemnt Bndry

ALLOCATION: No Allocation

CONS AREA: N APPLICANT: Mr E Colville West Lexham Manor West Lexham TPO: N

LB GRADE: Within Curtilage G2 AGENT: G F Bambridge Ltd Woodrush Cottage Mill Common

PROPOSAL: Change of use, redundant bdgs to create education centre (residential)

CONSULTATIONS LEXHAM P C

RECOMMENDATION Listed Building Consent

CONDITIONS

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ITEM 4 RECOMMENDATION : APPROVAL

REF NO: 3PL/2009/1150/F

Full LOCATION: RIDDLESWORTH APPN TYPE: Gardeners Cottage POLICY: Out Settlemnt Bndry Hall Lane ALLOCATION: N

CONS AREA: N APPLICANT: Rev D Blackledge Gardeners Cottage Hall Lane TPO: N

LB GRADE: N AGENT: Sheppard & Co 7 Brentgovel Street Bury St Edmunds

PROPOSAL: Erection of 6kW wind turbine (Retrospective)

KEY ISSUES 1. Visual amenity 2. Noise

DESCRIPTION OF DEVELOPMENT The proposal seeks retrospective permission for the erection of 6kW wind turbine. The turbine is 15m in height from ground level to hub and the blades are 3m in length. The proposal includes a small control building. It is 3m long, 1.6m deep and 2.8m to ridge height. It is clad in timber weather boarding and tiled with clay pantiles. The application was originally submitted on the basis that the turbine would be in addition to a 15kW turbine which, although not installed, has the benefit of planning permission. However, the proposal has since been revised and a Section 106 agreement has been drafted to secure the installation of one turbine only.

SITE AND LOCATION Riddlesworth Hall is located in a rural location to the south of the to Diss Road. The turbine is located in a paddock approximately 260m north east of the main hall building. The control building is located within the walled garden adjacent the Bothys which have been converted to residential use. The turbine is located approximately 106m north of The Rectory and 46m from its boundary. The nearest residential property is 60m to the north.

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RELEVANT SITE HISTORY Planning permission was granted in 2005 for the erection of a 15kW turbine in the north east corner of the paddock some 109m away from the proposed turbine. The base has been constructed but the turbine has not been erected. A retrospective application for the erection of a 6kW turbine was submitted under reference 3PL/2009/0524/F. The application was withdrawn.

POLICY CONSIDERATIONS The following National Planning Guidance and/or Saved Policies of the Breckland Local Plan and those of the Submission Core Strategy and Development Control Policies Development Plan Document have been taken into consideration in the determination of this application: PPS22: Renewable Energy CP12: Energy DC1: Protection of Amenity

CONSULTATIONS RIDDLESWORTH P C I write to object to the above retrospective application for a 6kw wind turbine which has been erected without planning permission Ref. 3PL/2009/1150/F. When Mr. Blackledge originally applied for a 15kw wind turbine the Parish Meeting and others opposed the application on the grounds of unacceptable noise levels and the visual aspects. Some medical aspects were also raised. Mr. Blackledge, for reasons he knows best, decided, despite the fact that Breckland Council gave him permission to build as per the first application, to erect a smaller wind tubine in a different place; a place much closer to this objecting neighbours. This reckless act has backfired because the near neighbours who objected to the first application now have actual experience of having a wind turbine nearby. The indisputable facts are: 1) the wind turbine is noisy and disturbing when it is running and especially so when the wind causes the turbine to alter its speed and direction to the wind. The background noise in this part of Riddlesworth is extremely low. Anything mechanical and unusual is distinctly heard. 2) the wind turbine is damaging to the beauty of this part of Riddlesworth Park. It can be seen, and has been commented on by people from Knettishall in Suffolk and nearby Gasthorpe and from the western part of Riddlesworth 3) a recent medical report confirms that in some instances Tinitus can be caused and exacerbated by nearby wind turbines. 4) as stated in this retrospective application for the 6kw turbine the 15kw wind turbine will also be erected. If this restrospective application is accepted by Breckland Council there will in time be two wind turbines very close to each other approximately 75 metres apart. Near neighbours to this "power" venture will have to endure even more noise and disturbance than they suffer at present. I trust Breckland Planning Council will take heed of the local people who are being affected by this project which may produce dubious and variable amounts of electricity. ENVIRONMENTAL HEALTH OFFICER - raises objection to the retention of the proposed turbine in addition to the approved turbine on the grounds that the applicant could not adequately

DC131_new BRECKLAND COUNCIL - DEVELOPMENT CONTROL COMMITTEE - 02-06-2010 demonstrate that the noise from two turbines would not detrimentally impact on the amenity of the adjoining residents. Following the revision to the proposal, the Environmental Health Officer has confirmed that the comments on the previous application for the retention of the 6kW mast only still stand. These comments were that a recommendation of refusal could not be justified.

REPRESENTATIONS Letters of objection have been received regarding the noise from the turbine and the visual impact:- - Noise from the turbine is audible in the rear garden of the adjacent dwelling - The turbine is visible from the south of the site and impacts on the setting of the Listed Buildings of Riddlesworth Hall, the church and The Rectory.

ASSESSMENT NOTES * The application has been referred to the Development Control Committee at the request of the Ward Representative. * The applicant has clarified that, due to technical and administrative reasons, it was not possible to erect the 15kW unit and therefore it was decided to erect a 6kW unit. A smaller turbine has been erected close to the walled garden to the west of the Princess Diana study centre and closer to The Rectory. The proposal seeks permission for the retention of the unauthorised turbine. * The proposal was originally submitted to seek the retention of the turbine in addition to the approved 15kW turbine. However, the applicant was unable to demonstrate to the satisfaction of the Environmental Health Officers that the noise generated from both the approved 15kW turbine and the proposed 6kW turbine would not have a detrimental effect on the neighbouring property. * The proposal has subsequently been revised. The applicant has entered into a Section 106 agreement to ensure that only one turbine is installed on the site. The agreement provides for the removal of the proposed 6kW turbine should the applicant erect the previously approved 15kW turbine. *The Parish Council have raised objection on the grounds of noise disturbance, visual impact on the landscape and health issues. * The Environmental Health Officers have visited the site on several occasions to take noise readings and have also taken readings from within the curtilage of the Rectory. It is acknowledged that, due to the low background noise levels, the turbine can be heard in the northern part of the garden but the noise is below a level where a recommendation of refusal can be substantiated. * In landscape terms and impact on the Listed Buildings the principle of one turbine within the paddock has already been established. The site is well screened from the north east and west but is visible from the south. The current proposal is unlikely to have a significant adverse impact above what has previously been approved. * The impact on the amenity of the adjoining residents has been considered but noise readings taken would indicate that a recommendation of refusal cannot be justified in this instance. The Section 106 agreement would ensure only one turbine is erected on the site.

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RECOMMENDATION Planning Permission

CONDITIONS

3007 Full Permission Time Limit (3 years) 3046 In accordance with submitted plans 3992 Non-standard note re: S106 3998 NOTE: Reasons for Approval 4000 Variation of approved plans 3996 Note - Discharge of Conditions

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ITEM 5 RECOMMENDATION : REFUSAL

REF NO: 3PL/2010/0182/F

Full LOCATION: BEETLEY APPN TYPE: Rosetta Cottage POLICY: Out Settlemnt Bndry Hall Road ALLOCATION: No Allocation

CONS AREA: N APPLICANT: Mr & Mrs J Stocking Rosetta Cottage Hall Road TPO: N

LB GRADE: N AGENT: dwa planning 6 Middlemarch Road

PROPOSAL: Use of land for stationing of caravan (retrospective)

KEY ISSUES 1. Impact upon the countryside 2. Relationship with main dwelling

DESCRIPTION OF DEVELOPMENT The application seeks full planning permission to retain an existing mobile home on land for the purpose of providing ancillary accommodation to the main house. This is proposed to be used as an occasional additional bedroom for a family member or friend.

SITE AND LOCATION The site is located within a rural location and is roughly rectangular in shape. It is positioned between two residential properties, Greenfields and Willow Cottage which lie to the west and east respectively. The site is accessed via Hall Road which lies to the south. To the north of the site is open land. The site is enclosed by mature vegetation.

RELEVANT SITE HISTORY 3PL/2006/0899/O - New two storey dwelling and garage - Refused and dismissed at appeal. 3PL/1989/1727/F - Standing of residential caravan - Refused.

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

PPS1 - Delivering Sustainable Development PPS7 Sustainable Development in Rural Areas DC1 - Amenity DC2 - Principles of new housing

CONSULTATIONS BEETLEY P C No Objection Condition for 5 years only and to be used by family and friends only. HIGHWAY AUTHORITY - to be reported verbally

ENVIRONMENTAL HEALTH OFFICER - to be reported verbally

REPRESENTATIONS None received.

ASSESSMENT NOTES * The application is referred to Development Control Committee at the request of the Ward Representative. * It is considered that this request for additional ancillary accommodation should be assessed against Policy DC2 of the Adopted Core Strategy which applies to residential annexes. This policy requires the proposed accommodation to be well related to the main dwelling and the scale of the annexe should not dominate the existing dwelling. Furthermore, it also stresses the need for the accommodation to be the minimum required to serve the needs of the occupant. In this instance the mobile home is sited on land which is in no way physically connected to the curtilage which accompanies the applicant's main dwelling (Rosetta Cottage) and it is also a significant distance from the existing dwelling. In light of this it is considered that the mobile home is not well related to the main dwelling. The level of accommodation is also considered to be excessive for the stated purpose. * In terms of the impact upon the character and appearance of this rural locality, a previous appeal dismissal on the site for a new dwelling in 2007 (3PL/2006/0899/O) considered that "the infilling of this gap would result in the consolidation of a small group of houses in this part of Hall Road which in itself would detract from the rural character of the area." It is considered that a substantial mobile home would result in the same negative impact upon the rural area. * In conclusion, it is considered that the proposal is unacceptable in planning terms for the reasons set out above and is, therefore, recommended for refusal.

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RECOMMENDATION Refusal of Planning Permission

REASON(S) FOR REFUSAL

9900 Policy DC2 - level of accommodation/relationship to dwelling 9900 Policy CP10 - protection of landscape

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ITEM 6 REPORT TO COMMITTEE

REF NO: 3PL/2010/0227/F

Full LOCATION: EAST TUDDENHAM APPN TYPE: Ailwyn Hall POLICY: Out Settlemnt Bndry Berrys Lane ALLOCATION: No Allocation

CONS AREA: N APPLICANT: Ashley Care Group c/o agent TPO: N

LB GRADE: N AGENT: Pelorus Planning & Property Lt 1 Collins Way Rash's Green

PROPOSAL: Extension to existing residential care home inc. new main entrance & enlargement & formalisation of car parking CONSULTATIONS

RECOMMENDATION No recommendation made

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ITEM 7 RECOMMENDATION : APPROVAL

REF NO: 3PL/2010/0376/F

Full LOCATION: ATTLEBOROUGH APPN TYPE: 143 Hargham Road POLICY: In Settlemnt Bndry

ALLOCATION: No Allocation

CONS AREA: N APPLICANT: Mrs B A Goddard 143 Hargham Road Attleborough TPO: N

LB GRADE: N AGENT: Colin Clarke Designer 21 Hargham Road

PROPOSAL: Construction of double garage

KEY ISSUES 1. Impact upon street scene 2. Neighbour amenity 3. Highway safety

DESCRIPTION OF DEVELOPMENT The application seeks full planning permission for the erection of a detached, pitched roof, double garage located in front of the existing detached dwelling.

SITE AND LOCATION The application site consists of a roughly rectangular shaped plot which contains a detached bungalow. The site is accessed via a long private drive which adjoins the Hargham Road carriageway to the north-west. The site is surrounded on all sides by residential properties.

RELEVANT SITE HISTORY 3PL/2002/1441/F - Extension to dwelling - Approved - 3/5/2002

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POLICY CONSIDERATIONS The following National Planning Guidance and/or Saved Policies of the Breckland Local Plan and those of the Submission Core Strategy and Development Control Policies Development Plan Document have been taken into consideration in the determination of this application: PPS1: Sustainable Development DC1: Amenity DC16: Design

CONSULTATIONS ATTLEBOROUGH TC No Objections:

REPRESENTATIONS None received.

ASSESSMENT NOTES * The application is referred to Development Control Committee as the applicant is a Capita employee. * The application site is located within the Settlement Boundary and, as such, the principle of a residential addition is acceptable in planning terms. In terms of the specific details of the scheme, an assessment is as follows: - In visual terms, the site is set back from the Hargham Road and, as such, wider views of the site are limited. This, coupled with the simple design, modest size and matching materials allows the garage to fit effectively into the site and the street scene. - In terms of neighbour amenity, the single storey composition of the garage coupled with the separation distances to neighbouring properties means that neither light nor outlook would be compromised. The non-habitable use of the building and the lack of any windows in the garage means that privacy levels of neighbouring residents would not be compromised by the proposal. - In highway safety terms, adequate on-site turning can be provided to accompany the garage. No other issues have been raised as a result of the consultation process. * In conclusion, the scheme is considered to comply with the relevant planning policies and, as such, is recommended for approval.

RECOMMENDATION Planning Permission

CONDITIONS

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3007 Full Permission Time Limit (3 years) 3046 In accordance with submitted plans 3110 External materials to match existing 3998 NOTE: Reasons for Approval 4000 Variation of approved plans 3996 Note - Discharge of Conditions

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ITEM 8

REF NO: 3PL/2010/0381/F

Full LOCATION: ATTLEBOROUGH APPN TYPE: Land at Docking Wood POLICY: Out Settlemnt Bndry Leys Lane ALLOCATION: N

CONS AREA: N APPLICANT: Mr Anthony Gaskin c/o agent TPO: N

LB GRADE: N AGENT: Matthew Green 3A High Street

PROPOSAL: C/U to include the stationing of caravans for 6 residential gypsy pitches, utility/day room building & hard standing

KEY ISSUES 1. Policy 2. Highway issues

DESCRIPTION OF DEVELOPMENT The application seeks change of use of land for the stationing of caravans for 6 residential gypsy pitches with utility/ day room buildings & hardstanding. Each of the pitches provides standing for 1 mobile home and 1 touring caravan and 1 utility/day room constructed in block and render with clay tile roof. The building measures 6.5m by 3.4 m and would provide bathroom and kitchen facilities.

SITE AND LOCATION The site is located to the south of the town centre and the main railway line which divides Leys Lane, affording pedestrian access only to the town centre. Vehicular access to Leys Lane south of the railway line is via Slough Lane, off the B1077. The site is outside the Settlement Boundary. It is semi rural, close to Attleborough, within a loose knit group of dwellings and commercial buildings. The site is an area of former woodland sited immediately abutting an existing gypsy site occupied by a single family.

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RELEVANT SITE HISTORY 3PL/2009/0604/F - Change of use including the standing of caravans for 6.no res. gypsy pitches with utility/day room buildings & hard standing. An appeal against the non determination of this application has been submitted. The appeal has been held in abeyance pending the outcome of this application.

POLICY CONSIDERATIONS The following National Planning Guidance and/or Saved Policies of the Breckland Local Plan and those of the Submission Core Strategy and Development Control Policies Development Plan Document have been taken into consideration in the determination of this application: Circular 01/2006: Planning for Gypsy and Traveller Caravan Sites. East of Regional Spatial Strategy Policy H3 (May 2008) and Regional Spatial Strategy Issue Review (July 2009) Policy H3 of Plan identified the need for the provision of 15 permanent pitches for gypsy and traveller accommodation in Breckland. Policy CP2: Adopted Breckland Core Strategy: The Travelling Community

CONSULTATIONS ATTLEBOROUGH TC Comment: It was noted that this application was a duplicate submitted as the first application was undergoing the appeals process for non-determination. This application should be considered under the broader remit of the LDF and its provisions for gypsy / traveller sites. The site is outside the current settlement boundary and has not been offered for development under the LDF. The access road is too narrow for an increased volume of traffic.

ENVIRONMENTAL HEALTH OFFICER - No objection subject to a condition requiring the submission of full details regarding foul and surface water drainage.

TREE AND LANDSCAPE OFFICER - No objection providing the recommendations of the submitted tree survey are implemented and conditions imposed regarding tree protection and tree retention.

CONTAMINATED LAND OFFICER - Vulnerable development questionnaire not submitted as part of the application therefore consideration should be given to the requirements of PPS 23 Annex 2

PLANNING POLICY OFFICER- No objection to broad principle

HIGHWAY AUTHORITY - Previous objection to application 3PL/2009/0604 on basis of unsuitability of highway network. Comments remain unchanged. Request opportunity to recommend suitable highway conditions if Committee minded to approve.

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REPRESENTATIONS Concern has been raised regarding the following issues:- Unsuitability of Leys Lane; narrow road with 2 blind bends; no mains drainage; increase in noise and disturbance; outside Settlement Boundary; maintenance of site.

ASSESSMENT NOTES * Members will recall that an application proposing the same development was deferred from the Development Control Committee meeting on 8th March to allow negotiations to take place regarding highway improvements. Members were minded to subsequently approve the application at the meeting on 19th April but the Local Planning Authority was unable to issue the permission because an Appeal against Non Determination had been submitted. * The current submission is a duplicate application. The details are the same as previously submitted and there are no changes in circumstances. A copy of previous reports to Committee are attached. * As can be seen from the attached reports, the officers' recommendation was one of refusal. The decision by Members that they were "minded to approve the application subject to a Section 106 agreement" is a material consideration for this latest application and, therefore, Members' views are requested on this current proposal. * MEMBERS' VIEWS ARE REQUESTED

RECOMMENDATION

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