6
The Committee received report ES/2084 of the Head of Planning, Building Control and
Coastal Management which related to planning application DC/24/0334/FUL.
The application related to permission to erect two, new detached dwellings and garages with associated access. The application was before the committee as the officer recommendation of approval was contrary to the recommendation received by the Parish Council. The application was considered by the Referral Panel on the 6th of August 2024 and referred to the committee for consideration.
The Committee received a presentation from the Planner who displayed the site location plan and aerial photographs of the site, and the site as it related to the Conservation Area Appraisal.
The Committee was shown photographs demonstrating the following views through the site:
- Along the boundary with Angel Lane to the south
- From Angel Lane to the southern boundary
- From Angel Lane into the site
- From Angel Lane to the northern boundary
- Along Angel Lane to the north
- Views from the proposed access to Angel Lane
- From the site to the neighbouring properties on Angel Lane
- Along The Street
- From The Street into the site
The Committee was shown the proposed block plan, elevations, floor plans of each of the proposed dwellings and a mock up of the street scene from the access point on Angel Lane.
The Planner shared details of the materials and finishes that would be used.
The Planner stated that the site owner did need to come to an agreement with highways over ownership of the boundary of the site, but this would not impact the Committee's ability to come to a decision.
The material considerations and key issues were summarised as:
- Appearance and Design
- Impact of character and appearance of the area
- Layout and Density
- Access
- Surface Water
- Effect on Wildlife
The recommendation to delegate authority to the Head of Planning, Building Control and Coastal Management to approve the application for planning permission, subject to the conditions outlined in the report, was outlined to the Committee.
The Committee raised questions around:
- Visibility splays
- Open space and views
- Plot elevations and layout of the plot
- The pre-application process
Regarding visibility splays the Planner stated that some of the hedging on the site would have to be removed for the visibility splays. The trees sat within the neighbouring property, but the overhang which went into the highway boundary would be dealt with. There had been an issue with lack of detail in the application initially, but the applicant had now submitted a more thorough plan showing the visibility splays. Councillor Ashton stated he was aware this was not a reason to refuse the application but he was concerned with the visibility here.
Regarding the classification of the site as 'open space', the Head of Planning, Building Control and Coastal Management stated this was classed as important/open/green/tree space and the Conservation Officer felt that the development maintained this openness. This had never been classed a public open space.
The Head of Planning, Building Control and Coastal Management stated he believed the plan of the site had been produced based on a topographical survey and so would be accurate. The Planner stated that there were conditions about the gradient on the site, the house and garage would be at the current ground level and there would be no significant excavation of the site as this would require permission. If it turned out the gradient had to be different there would need to be a further planning application. There would have to be some excavation of the existing verge to allow for visibility. It would be possible to put a condition in to require final ground levels to be submitted to planning before building commenced. The Planner shared images showing the proposed dwellings in relation to properties to the rear, and confirmed that the proposed dwellings would not be higher than the properties behind.
The Head of Planning, Building Control and Coastal Management stated that at pre-application officers did not advise on what should be submitted, but they would give feedback on whatever was submitted. It would then be down to the applicant and their architect to make any amendments. There was not an opportunity for a planning committee to consider pre-application proposals, committees had to consider the application before them. Efficient use of land was important, and in more urban locations then what could be achieved should be maximised. This was a modest site and a modest development in a conservation area and so these tests would not be so appropriate. There may be certain circumstances where more properties would have been more appropriate.
The Chair invited Sam Stonehouse, the applicants agent to address the committee.
Mr Stonehouse stated that this application had been carefully prepared following discussions with officers. Four houses had been initially suggested however this was felt to be too much for this location. The Conservation Officer had stated that the sites openness should be retained, which had led to the choice of two houses. Pre-application discussions had also happened with Highways who had been clear that they preferred access to be onto angel lane. There were no records of accidents where the site access was proposed and several other properties had similar access. Plot one had been moved following feedback from the neighbour. The Parish Council had made comments about the contemporary design, but the officers had supported this due to the mixed development on Angel Lane. The application was supported by detailed work on trees and ecology, and new planting would be done on the western boundary. High quality local materials would be used to match the styles of the neighbouring properties. The dwellings would also be highly energy efficient.
Mr Stonehouse stated plot one was 8.2m and plot two 7.2 m above floor level. The whole site is roughly a meter above road level. Details on the driveways could be produced, but the 1 in 12 gradient proposed was relatively shallow. Regarding turning points the space in front of the garages was a double car width which allowed space for a three point turn here. The garages themselves were positioned here to align with the houses and ensure an open gap in the middle of the properties.
Mr Stonehouse stated they had not wanted an imitation of the properties around them, but clearly a modern design. Mr Stonehouse confirmed which materials would be used where. Painted brick was a modern take on traditional brickwork, and this would differentiate from the similar older buildings in the area.
Regarding the room layout, Mr Stonehouse stated that it was intended to provide good size family homes and ensuite bathrooms were important. Windows were floor to ceiling and so despite being narrow would provide good light and would frame the space. There would not be views across from one property to the other as there would be substantial hedging between the two and windows would be a ground level. The courtyard created in plot two was created by the house shape rather than being a design feature in itself.
Mr Stonehouse confirmed there was a gap between the two which could in theory hold another house. The closest point between the properties was 12.8 metres and 28.5 between the furthest points on the longer sides. The two properties were not directly aligned so they would not look directly into each other.
The Chair invited debate.
Councillor Pitchers stated the properties were very well designed, lots of space around the dwellings and a contemporary looking development which would fit in with the area.
Councillor Ashdown agreed that the layout was good and fit in well with the local area.
Councillor Ashton agreed that the design was in-keeping with properties on Angel Lane. He did have concerns about the trade offs between heritage and other considerations generally, but this was not a concern for the committee at the moment. Councillor Ashton stated he supported the application as it was presented, despite the highways concerns. The Head of Planning, Building Control and Coastal Management stated that applicants were encouraged to engage with the local community and parish councils about the form of developments.
Councillor Ewart stated she felt these were very poorly designed and they would become a distraction in this location. She felt the architecture should be more in-keeping with the local area, and they would dominate the local area. Councillor Ewart stated that this would be seen as a mistake by the Council. Councillor Gee agreed that it was not in keeping with the village.
On the proposal of Councillor Pitchers, seconded by Councillor Ashdown it was by a majority vote
RESOLVED
That the application be approved.
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 carried out in accordance with PW1362 PL01 and SK10 received 30/01/2024, 3935 SK01 P3 received 30/04/2024 and LSDP 2164.01 REV C, PW1362 PL07 REV A, PW1362 PL04 REV C and PW1362 PL03 REV B received 17/06/2024..
Reason: For the avoidance of doubt as to what has been considered and approved.
3. Prior to construction above slab level, details of all external facing and roofing materials shall be submitted to and approved by the Local Planning Authority. Development shall be carried out in accordance with the approved details.
Reason: To ensure the satisfactory external appearance of the development.
4. Before the access is first used visibility splays shall be provided as shown on Drawing No. 3935 SK01 Rev.P3 with an X dimension of 2.4 metres and a Y dimension of 43 metres tangential to the nearside edge of the carriageway and thereafter retained in the specified form. Notwithstanding the provisions of Part 2 Class A of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no obstruction to visibility shall be erected, constructed, planted or permitted to grow over 0.6 metres high within the areas of the visibility splays.
Reason: To ensure drivers of vehicles entering the highway have sufficient visibility to manoeuvre safely including giving way to approaching users of the highway without them having to take avoiding action and to ensure drivers of vehicles on the public highway have sufficient warning of a vehicle emerging in order to take avoiding action, if necessary.
5. Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) any means of frontage enclosure shall be set back 2.4 metres from the edge of the carriageway of the adjacent highway.
Reason: To provide visibility splays and to provide refuge for pedestrians in the interests of highway safety.
6. No other part of the development hereby permitted shall be commenced until the new vehicular access has been laid out and completed in all respects in accordance with Suffolk County Council Standard Access Drawing No. DM01; with an entrance width of 4.5 metres for a shared access.
Reason: To ensure the access is laid out and completed to an acceptable design in the interests of the safety of persons using the access and users of the highway and to avoid multiple accesses that would be detrimental to highway safety.
7. Prior to the development hereby permitted being first occupied, the access onto the highway shall be properly surfaced with a bound material for a minimum distance of 5 metres measured from the nearside edge of the metalled carriageway, in accordance with details that shall have previously been submitted to and approved in writing by the Local Planning Authority.
Reason: To ensure construction of a satisfactory access and to avoid unacceptable safety risks arising from materials deposited on the highway from the development.
8. The gradient of the vehicular access shall not be steeper than 1 in 20 for the first five metres measured from the nearside edge of the highway.
Reason: To ensure that vehicles can enter and leave the public highway in a safe manner.
9. The gradient of the access driveway shall not be steeper than 1 in 12 measured from the nearside of the edge of the highway.
Reason: To avoid unacceptable safety risk from skidding vehicles and provide for pedestrian and cycling access.
10. Before the development is commenced details shall be submitted to and approved in writing by the Local Planning Authority showing the means to prevent the discharge of surface water from the development onto the highway including any system to dispose of the water. Development shall be carried out as approved.
Reason: To prevent hazards caused by flowing water or ice on the highway.
11. Prior to occupation details of the areas and infrastructure to be provided for the manoeuvring and parking of vehicles and electric vehicle charging points shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out as approved.
Reason: To ensure the provision and long-term maintenance of adequate on-site space for the parking and manoeuvring of vehicles in accordance with the current Suffolk Guidance for Parking (2023) where on-street parking and manoeuvring would be detrimental to highway safety.
12. Prior to occupation details of the areas to be provided for the secure, covered and lit cycle storage including electric assisted cycles shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out as approved.
Reason: To promote sustainable travel by ensuring the provision at an appropriate time and long-term maintenance of adequate on-site areas and infrastructure for the storage of cycles and charging of electrically assisted cycles in accordance with Suffolk Guidance for Parking (2023).
13. A Construction Management Strategy shall be submitted to and approved in writing by the Local Planning Authority prior to work commencing on site. The strategy shall include access and parking arrangements for contractors vehicles and delivery vehicles (locations and times) and a methodology for avoiding soil from the site tracking onto the highway together with a strategy for remedy of this should it occur. The strategy should also include clear location and layout plans of these facilities. The development shall only take place in accordance with the approved strategy.
Reason: In the interest of highway safety to avoid the hazard caused by mud on the highway and to ensure minimal adverse impact on the public highway during the construction phase. This is a pre-commencement condition because an approved Management Strategy must be in place at the outset of the development
14. Development must be undertaken in accordance with the ecological avoidance, mitigation, compensation, and enhancement measures identified within the Ecological Report (MHE Consulting, December 2023) as submitted with the planning application and agreed in principle with the local planning authority prior to determination.
Reason: To ensure that ecological receptors are adequately protected and enhanced as part of the development.
15. Prior to commencement, a "lighting design strategy for biodiversity" shall be submitted to and approved in writing by the local planning authority. The strategy shall:
- identify those areas/features on site that are particularly sensitive for biodiversity likely to be impacted by lighting and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and
- show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.
All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.
Reason: To ensure that impacts on ecological receptors from external lighting are prevented.
16. No development shall take place (including any demolition, ground works, site clearance) until a method statement for nesting birds, hedgehog, amphibians, and reptiles has been submitted to and approved in writing by the local planning authority. The content of the method statement shall include the:
a) purpose and objectives for the proposed works.
b) detailed design(s) and/or working method(s) necessary to achieve stated objectives (including, where relevant, type and source of materials to be used).
c) extent and location of proposed works shown on appropriate scale maps and plans.
d) timetable for implementation, demonstrating that works are aligned with the proposed phasing of construction.
e) persons responsible for implementing the works.
f) initial aftercare and long-term maintenance (where relevant).
g) disposal of any wastes arising from works.
The works shall be conducted strictly in accordance with the approved details and shall be retained in that manner thereafter.
Reason: To ensure that ecological receptors are adequately protected as part of the development
17. No development shall take place within the area indicated [the whole site] until the implementation of a programme of archaeological work has been secured, in accordance with a Written Scheme of Investigation which has been submitted to and approved in writing by the Local Planning Authority.
The scheme of investigation shall include an assessment of significance and research questions; and:
a. The programme and methodology of site investigation and recording
b. The programme for post investigation assessment
c. Provision to be made for analysis of the site investigation and recording
d. Provision to be made for publication and dissemination of the analysis and records of the site investigation
e. Provision to be made for archive deposition of the analysis and records of the site investigation
f. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.
g. The site investigation shall be completed prior to development, or in such other phased arrangement, as agreed and approved in writing by the Local Planning Authority
Reason: To safeguard archaeological assets within the approved development boundary from impacts relating to any groundworks associated with the development scheme and to ensure the proper and timely investigation, recording, reporting and presentation of archaeological assets affected by this development, in accordance with Policy SCLP11.7 of Suffolk Coastal Local Plan (2020) and the National Planning Policy Framework (DEC 2023).
18. No building shall be occupied until the site investigation and post investigation assessment has been completed, submitted to and approved in writing by the Local Planning Authority, in accordance with the programme set out in the Written Scheme of Investigation approved under Condition 17 and the provision made for analysis, publication and dissemination of results and archive deposition.
Reason: To safeguard archaeological assets within the approved development boundary from impacts relating to any groundworks associated with the development scheme and to ensure the proper and timely investigation, recording, reporting and presentation of archaeological assets affected by this development, in accordance with Policy SCLP11.7 of Suffolk Coastal Local Plan (2020) and the National Planning Policy Framework (DEC 2023).
19. 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 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 validation 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.
20. The approved landscaping scheme shall be carried out in its entirety within 6 months of the commencement of the development or within such other period as may be agreed with the Local Planning Authority, and any trees or shrubs which die in the first 5 years shall be replaced in the next planting season.
Reason: To ensure the visual amenity afforded by the landscaping is secured.
21. Prior to commencement, the tree protection measures identified within the Tree Survey, AIA and Protection Plan (ref. LSDP 2164.01 REV C) shall be installed and retained until construction has finished on the site.
Reason: To protect the surrounding trees within and around the site.
22. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order), no extensions or structures permitted by class A (enlargement, improvement or other alteration of a dwellinghouse) and no building or structure permitted by Class E (buildings or enclosures within the curtilage of the house) of Schedule 2 Part 1 of the Order shall be erected without the submission of a formal planning application and the granting of planning permission by the Local Planning Authority.
Reason: In order that the council may retain control over the size, scale and external appearance of such development in the interests of preserving the character of the countryside
23. Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting the said Order) no walls or fences of any kind permitted by Class A (gates, fences, walls etc) of Schedule 2 Part 2 of the Order shall be erected without the prior written consent of the Local Planning Authority.
Reason: In order that the council may retain control over the external appearance of such development in the interests of preserving the character of the countryside
24. The development hereby approved shall be carried out in complete accordance with the phasing plan Ref PW1362 SK10, unless otherwise agreed in writing by the Local Planning Authority.
Reason: In order that the main infrastructure is delivered early in the process to provide a properly planned development.
25. The first floor side windows on the north elevation of plot 1 and the first floor side windows of the southern elevation of plot 2 shall be fitted and remain fitted with obscured glass, which shall have an obscurity of level 3 on the pilkington obscured glazing range (or equivalent by an alternative manufacturer) and be non-opening. These items shall thereafter be retained in their approved form.
Reason: To avoid the possibility of unacceptable loss of privacy to neighbouring property.