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The Committee received report ES/2065 of the Head of Planning, Building Control and Coastal Management which related to planning application DC/24/1319/FUL.
The application was for the reinstatement of the entirety of the building, fencing and all materials, following fire damage at Sole Bay Fish Company at Southwold Harbour. The application was before the Committee for determination as East Suffolk Council were the landowner.
The Committee received a presentation from the Planner (Development Management), who was the case officer for the application. The site's location and original and proposed layout and elevation plans were displayed with the Planner noting there was very little change between the two. Various photographs were shared showing the area before the fire along with photographs of the fire damage and the area that was to be replaced.
The material planning considerations and key issues were summarised as:
- Appearance and impact to Conservation Area and National Landscape.
- Rubbish and disruption.
- Principle of rebuilding in same layout with fire hazard and neighbours.
- Disputed passage
The Committee was informed that the applicant had provided a drawing showing the gas canister storage, which highlighted that the requirement for a 1 hour fire wall for canisters within 3 metres of the building was met. The Planner confirmed that the Building Control Officers had reviewed this and agreed that it complied with Building Regulations.
The Planner showed the site plan highlighting the passageway in dispute between the applicant and the neighbour’s hut and confirmed that this was not a planning matter and did not impact the acceptability of the scheme.
The recommendation to delegate authority to the Head of Planning, Building Control and Coastal Management to approve the application for planning permission was outlined to the Committee.
The Chair invited question from the Committee to the Officers.
Councillor Byatt asked if the replacement timber being used would be a similar style to the original building and whether there had been any attempt to use reclaimed timber rather than new? The Planner confirmed the applicant had not confirmed the use of reclaimed timber, but noted that the majority of the replacement work would be at the back of the building so the change in appearance would be minimal.
The Chair, Councillor Plummer, noted the comments regarding the safe storage of the gas canisters and the Planner confirmed that this was not the cause of the fire, it was an electrical fire and the electrical device had been PAT tested; it was an unforeseen event. The Chair thanked the Planner for clarifying.
There being no further question or comment, the Chair asked the Committee to debate the application.
Councillor Gee welcomed the application, noting the charm of the area and the link to the fishing history, she commented it was a tragedy that the business was harmed and commended that it was being replaced like for like. Councillor Ashdown concurred with the comments made by Councillor Gee.
On the proposition of Councillor Gee, seconded by Councillor Ashdown, it was by a unanimous vote
RESOLVED
That the application be Approved subject to the conditions below:
Conditions:
1. The development hereby permitted shall be begun within a period of three years beginning with the date of this permission.
Reason: In accordance with Section 91 of the Town and Country Planning Act 1990 as amended.
2. The development hereby permitted shall be completed in all respects strictly in accordance with 3086.23.4D received 08/07/2024, for which permission is hereby granted or which are subsequently submitted to and approved by the Local Planning Authority and in compliance with any conditions imposed by the Local Planning Authority.
Reason: For the avoidance of doubt as to what has been considered and approved.
3. The materials and finishes shall be as indicated within the submitted application and thereafter retained as such, unless otherwise agreed in writing with the local planning authority.
Reason: To ensure the satisfactory appearance of the development in the interests of visual amenity
4. In the event that contamination which has not already been identified to the Local Planning Authority (LPA) is found or suspected on the site it must be reported in writing immediately to the Local Planning Authority. Unless agreed in writing by the LPA no further development (including any construction, demolition, site clearance, removal of underground tanks and relic structures) shall take place until this condition has been complied with in its entirety.
An investigation and risk assessment must be completed in accordance with a scheme which is subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons (see Annex 2 of the National Planning Policy Framework) and conform with prevailing guidance (including BS8485:2015+A1:2019, BS 10175:2011+A2:2017 and Land Contamination Risk Management) and a written report of the findings must be produced. The written report is subject to the review and confirmation in writing by the Local Planning Authority that likely risks have been identified and will be investigated accordingly.
Where remediation is necessary a detailed Remediation Strategy (RS) must be prepared, and is subject to the review and confirmation in writing by the Local Planning Authority as likely to address the risks identified. The RS must include detailed methodologies for all works to be undertaken, site management procedures, proposed remediation objectives and remediation criteria. The RS must be carried out in its entirety and the Local Planning Authority must be given two weeks written notification prior to the commencement of the remedial works.
Following completion of the remediation strategy a verification report that demonstrates the effectiveness of the remediation must be submitted to, reviewed by and confirmed in writing by the LPA as likely to have addressed the risks identified.
Reason: 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.