6
At the request of the Chair this item was re-ordered in the agenda and heard as Agenda item 8.
The Committee received report ES/2148 of the Head of Planning, Building Control and Coastal Management which related to planning application DC/23/3191/FUL. The application was for a phased hybrid development on 8.27 hectares of land to the north of Hall Lane and south of Union Lane. It comprised a full planning application for the erection of 26 residential dwellings, residential access, associated infrastructure and public open space, and an outline application for up to 159 dwellings, associated infrastructure and public open space and a pre-school (if required).
The application was before Planning Committee North due to the scale of the proposed development and the inclusion of the paddock area outside the allocated site.
The Committee received a detailed presentation from the Head of Planning, Building Control and Coastal Management on behalf of the case officer for the application.
The site location plan was shared, the full site area was 8.277 hectares.
The aerial photograph showing the site in context was displayed, comprising of 3 separate land parcels, south – area of paddock, square arable fields to the top ( the majority of the site) and a smaller paddock type area over to the west.
The area location plan was shared with the Committee, Oulton was described as a village to the North of Lowestoft, bordering with Lowestoft and Oulton Broad parish to its south, containing a large residential area as well as mix of schools and community facilities. The Head of Planning, Building Control and Coastal Management pointed out the area on the map that was previously approved allocated site in the local plan and the considerations around that with access from Oulton Street and the surrounding effects. The ongoing development area of Woods Meadow was highlighted, a development of approx. 800 homes, country park and new primary school. The Head of Planning, Building Control and Coastal Management noted that land was due to be released for a new doctors surgery. The relationship through to the cross roads in Oulton and routes beyond that as well as the location of the Benjamin Britten Academy Secondary School and the Limes and Woods Loke Primary Schools were shown.
The Policy map showing the two allocations WLP 2.14 and WLP 2.15 was shared (area to the North already had granted planning permission and one to South was the current application site). Part of the application site was outside of the allocated area which the Head of Planning, Building Control and Coastal Management explained further in the presentation.
The Head of Planning, Building Control and Coastal Management noted the green corridor policy constraints from the Oulton Neighbourhood plan passing through the application site and the previously consented development.
It was noted that the site allocation is described fully in the Waveney Local Plan and sets out the various considerations required, as a site in the Local Plan there are 190 homes allocated in the smaller area, this application is for 185 in a larger area and opportunities to deliver a preschool and other major design and infrastructure.
The proposed site layout plan was shared, which gave a clear indication as to how the site could be developed and the mix of landscapes.
The Head of Planning, Building Control and Coastal Management pointed out the area of Paddock, which plays an important role in the development of the site . The paddock was promoted as part of allocation in Local Plan, but later removed due to an objection from Historic England which related to the Manor House (Grade 2* listed building). The planning application gives a full consideration of all of the effects, and it has been determined that there is an identified less than substantial harm to the effect of the Manor House and this is well documented in the application report and outweighed against the public benefits of development. The public benefits include delivery of affordable homes, pre-school and open spaces and the cohesion that the site gives to the rest of the village.
The proposed parameter plan was displayed. Access arrangements were detailed, showing direct access into the site as well as offsite improvements for pedestrians and cyclists. Highway improvements will give full access to woods meadow, Oulton north and this proposed site.
The Committee was told that the site could connect into footpaths 2 and 6, and the route connecting union lane to those footpaths, although established, was proposed to be formalised through section 106 funding.
The housing mix was shared showing the proposed housing type.
Photographs of the area were displayed, noting that the manor house could be just glimpsed between the trees, not highly visible but it’s flint characteristics could be viewed. There were various photos shared showing the context of site and the manor house. The Committee viewed photographs from Hall Lane, where the allocated site meets the highway, the maintained pond and looking back from the location across the paddock. Views from Union Lane and Flixton View were shared.
Referring to Heritage assets, it was noted that the Blue Boar Inn has been considered for heritage impact as had the listed building.
The Head of Planning, Building Control and Coastal Management reminded the Committee of the importance of allocated sites in the Local Plan to maintain plan led development in the district. Historically they have maintained a 5 year land supply, with the forthcoming publication of the 5 year land supply, it is about 5.51 years in Waveney, which is close to the requirement and that can be risky for the development of unplanned sites.
All statutory consultees have played an important role in the application, including highways and lead local flood authority. All have no objections with the exception of Historic England who have agreed that there is less than substantial harm for the manor house.
The material planning considerations and key issues were summarised as:
- Principle of development
- Design and layout considerations
- Heritage considerations
- Landscape and visual impact
- Flood risk and drainage
- Ecology
- Public benefits
The recommendation to approve the application, as detailed in the report, was outlined to the Committee.
The Chair invited questions from the Committee.
Councillor Ashdown thanked the Head of Planning, Building Control and Coastal Management for a comprehensive report and presentation. Having reviewed the plans, he asked what the timescale was for the phased development. The Head of Planning, Building Control and Coastal Management replied a single developer could deliver a maximum of 50 per year, so this could be built out over 4 or 5 years. This could vary dependent on the number of developers, but the applicants could clarify.
In response to Councillor Byatt, the Head of Planning, Building Control and Coastal Management clarified that the comments relating to building on the burial site were relating to the land north of Union Lane site. He confirmed that the location of the pre-school would be determined at the reserve matters stage as the Section 106 agreement will dictate the location for the pre-school. Councillor Byatt questioned if it was located near to an old tip site, and it was confirmed that all normal contamination land risk assessments had been completed.
Councillor Ewart referred to the design and characteristics and asked why the windows were so small. The Head of Planning, Building Control and Coastal Management said this was in relation to Building Regulations which dictated the amount of window space in each room and the height of windowsills for safety. Throughout this development there was a reasonable balance from overall building space to overall elevation.
Councillor Ewart asked about the safety of the drainage basin. The Head of Planning, Building Control and Coastal Management replied that a lot of time was spent with developers to get all the correct dimensions that bring landscape and biodiversity, and don’t result in heavily fenced off basins, the ideal is shallow slide slopes. A training session for members with the Lead Local Flood Agency is being organised.
Councillor Ewart noted that one public response referred to disability not being considered. In response the Head of Planning, Building Control and Coastal Management said that this was covered in the new design, with open spaces meeting regulations and it would be designed into the play area.
Councillor Graham commented that this development was submitted pre biodiversity net gain, and she was pleased to see most of the ecologist recommendations met, apart from the Skylarks which had recently been added to the red list. The Head of Planning, Building Control and Coastal Management replied that there had been a fair response from the ecologists. The basin would provide scrubby, wild habitat and district wide there would be far more habitat opportunities which would compensate for other sites.
There was a proposed new design of having green space on the corner near the roundabout, Councillor Graham asked that as many trees as possible were retained rather than new planting. The Head of Planning, Building Control and Coastal Management noted that there was a mix around the site, and whilst there would be inevitable tree losses, there was a good tree belt round the back of the paddocks. There would be tree protection as well as tree planting in frontage. The landscape plan was shared with the Committee, and it was noted that the Landscape and Arboriculture Officer had reviewed it and was satisfied with the balance of tree loss, tree prevention and new planting.
The Committee then heard from the applicant’s agent, Alan Presslee.
Mr Presslee thanked the Officer for the report and highlighted the following points:
- This was a hybrid phased application, long in consideration and preparation through extensive public consultation, with pre-application communication with the community and parish council etc.
- They have worked with officers, responding to recommendations to arrive at the proposal submitted.
- The proposal delivers what is in the Local Plan, including a mix of affordable and open market housing and pre-school etc.
- The proposal meets in full the provision of the local plan, it represents a rational material consideration that any minor harm is outweighed by benefits.
- They have liaised with key stakeholders and consultees to address and meet issues arising as demonstrated in the report and presentation.
- The S106 agreement has already been drafted (set out in report).
- There is the full 20% affordable housing and service land for preschool site.
- Foot and cycle links are provided.
- New Public Right of Way linking Union Lane.
- Notable biodiversity measures to achieve net gain.
- Much needed family housing and associated needs to meet the planned needs.
The Chair invited question from the Committee.
In response to Councillor Ashdown, the applicant confirmed they were hoping to start Summer 2025 and the timescale would be 4 to 5 years for the build of the 185 homes.
He confirmed all homes would have their highest commercial rating, B, possibly A and they would take a fabric first approach to gaining carbon neutral, with lots of insulation, air tightness, car charging points, photovoltaics and heat pumps.
Councillor Byatt asked when they would commence work on the nursery. The applicant responded that the site would be available for the County Council to call upon them with an arrangement for 5 to 10 years for the site.
Councillor Graham thanked the applicant for for being enlightened on fabric first and asked about the Biodiversity Net gain measures being put in place. The applicant confirmed that a tremendous amount of work had taken place from where the site started from. There had been lots of biodiverse planting, 60 bat boxes, 60 swift and bird boxes, hedgehog corridors. In response to the Skylarks, they commented that they didn’t have the habitat and had spoken to the ecologist who concurred with that view. Every other item they had gone over and beyond.
The applicant assured Councillor Plummer that the frontage wouldn’t look like a park and would be reasonably wild.
The Chair asked the Committee to debate the application.
Councillor Pitchers stated it was a very well designed, considered proposal that he was happy to propose was recommended for approval.
Councillor Ashdown noted the applicants had listened and responded, noting the issues with building in that area and the residents concern. He added that all developments in that area needed to be compatible and well designed, which he felt this was, therefore he was happy to second the recommendation.
Councillor Gee commented that the reason why the local residents are aggrieved is there has been more and more development until it is completely suburbanised. Representing the Parish Council, Councillor Gee noted the original application was for 6.3 hectares and the current application was for 8.27 hectares, which she presumed related to the inclusion of the paddock and the local plan stipulates that the paddock should not be built on.
The Head of Planning, Building Control and Coastal Management commented that he completely understood the position on this and had experience of a productive pre-application process and application insights. Referring to the inclusion of the Paddock, it was because of the setting of the manor house that the paddock was not included initially, and now that the issues with manor house had been addressed there was less than substantial harm. The paddock gives a more spacious and lower density development and the neighbourhood plan (biodiversity and green corridor 4 of the plan) has been considered.
Councillor Ewart asked how this could be taken forward as it was set out in the report the departure from the local plan and all of the balancing and benefits that have come out of bringing forward the paddocks, was it to bring forward the whole allocation in a better designed way.
Councillor Gee noted that the problem was that local residents in the village felt that they were being swamped and completely surrounded by local housing developments.
The Head of Planning, Building Control and Coastal Management commented that Oulton had a strong village identity in itself, and this development is essential for the wider Lowestoft community. Importantly there will be neighbourhood CIL which will help to bring forward community development.
Councillor Gee asked if this meant that local plans could be totally overturned by the Planning Committee. The Head of Planning, Building Control and Coastal Management assured that the vast majority of the development was local plan led, there was one component element of it which made the overall site more deliverable.
The Head of Planning, Building Control and Coastal Management clarified that the local plan had not been overridden.
Councillor Byatt understood Councillor Gee's concerns but recognised that things moved beyond the planning, and there was the need to provide housing. He supported the proposal as it was reflecting the need and was well designed.
On the proposition of Councillor Pitchers, seconded by Councillor Ashdown it was by a majority vote
RESOLVED
That planning permission be granted, subject to the completion of the S106 agreement, including the following obligations and conditions set out in section 10:
• To secure the policy complaint amount of affordable housing;
• To secure 5% Custom/Self Build Housing;
• To secure the Pre-school site;
• To secure funding for the creation of a Public Right of Way Link between Union Lane and Footpaths 2 and 6;
• Payment of a per dwelling RAMS contribution;
• Provision and long-term management of public open space;
• To secure a Biodiversity Gain Plan and Habitat Management and Monitoring Plan;
• Payment of a BNG Monitoring Fee;
• Payment of a Travel Plan Monitoring contribution
Conditions:
1. For the development comprising up to 159no. dwellings:
a) Application for approval of any reserved matters must be made within three years of the date of this outline permission and then
b) The development hereby permitted must be begun within either three years from the date of this outline permission or within two years from the final approval of the reserved matters, whichever is the later date.
Reason: To comply with section 92 of the Town and Country Planning Act 1990.
2. For the development of 26no. dwellings where full planning permission is hereby granted:
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.
3. For the development of 26no. dwellings where full planning permission is hereby granted:
The development shall be carried out in accordance with the following approved plans/drawings:
Reason: for the avoidance of doubt as to what has been considered and approved.
4. No development shall commence until manufacturer’s details (including brand, product name, material, colour and finish) of the roofs, wall materials and external facing finishes, fenestrations and doors to be used have been submitted to and approved by the local planning authority.
Reason: To ensure satisfactory appearance of the development in the interests of visual amenity.
5. No development shall take place within the whole site until a scheme for the provision of fire hydrants has been submitted to and approved by the local planning authority. The approved scheme shall be implemented in its entirety prior to the occupation/use of any building. It shall thereafter be retained and maintained in its improved form.
Reason: In the interests of the safety of the future occupants of the hereby approved development.
6. Development must be undertaken in accordance with the ecological avoidance, mitigation, compensation and enhancement measures identified within the Ecological Report (Norfolk Wildlife Services, May 2024) and the Shadow Habitats Regulations Assessment (Norfolk Wildlife Services, May 2024) 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.
7. Prior to works above ground level in the part of the site covered by the full planning permission and commensurate with the reserved matters application for any subsequent phase of development, a “lighting design strategy for biodiversity” shall be submitted to and approved in writing by the local planning authority. The strategy shall:
a) 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
b) 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.
8. No development shall take place (including any demolition, ground works or vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following:
a) Risk assessment of potentially damaging construction activities.
b) Identification of “biodiversity protection zones”.
c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).
d) The location and timing of sensitive works to avoid harm to biodiversity features.
e) The times during construction when specialist ecologists need to be present on site to oversee works.
f) Responsible persons and lines of communication.
g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.
h) Use of protective fences, exclusion barriers and warning signs.
The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.
Reason: To ensure that ecological receptors are adequately protected as part of the development.
9. A landscape and ecological management plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to first occupation of the development. The content of the LEMP shall include the following:
a) Description and evaluation of features to be managed.
b) Ecological trends and constraints on site that might influence management.
c) Aims and objectives of management.
d) Appropriate management options for achieving aims and objectives.
e) Prescriptions for management actions.
f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).
g) Details of the body or organisation responsible for implementation of the plan.
h) Ongoing monitoring and remedial measures.
The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details.
Reason: To ensure that the long-term ecological value of the site is maintained and enhanced.
10. Prior to works above ground level in the part of the site covered by the full planning permission and commensurate with the reserved matters application for any subsequent phase of development, an Ecological Enhancement Strategy, addressing how ecological enhancements will be achieved on site, will be submitted to and approved in writing by the local planning authority. Ecological enhancement measures will be delivered and retained in accordance with the approved Strategy.
Reason: To ensure that the development delivers ecological enhancements.
11. The development shall not commence until a Biodiversity Gain Plan (BGP) and Habitat Management and Monitoring Plan (the HMMP) for the offsite Biodiversity gain land have been submitted to, and approved in writing by, the local planning authority. The HMMP shall include:
- a non-technical summary;
- the roles and responsibilities of the people or organisation(s) delivering the [HMMP];
- the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan;
- the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and
- the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority.
The created and/or enhanced habitat specified in the approved HMMP shall be implemented, retained, managed and monitored in accordance with the approved HMMP for a minimum of 30 years.
Reason: To ensure that habitats created or enhanced to deliver Biodiversity Gain are appropriately managed and monitored for a minimum of 30.
12. (In relation to the detailed part of the application) The strategy for the disposal of surface water and FRA Flood Risk Assessment & Drainage Strategy Report Rev.C (08-04-2024) shall be implemented as approved in writing by the local planning authority (LPA). The strategy shall thereafter be managed and maintained in accordance with the approved strategy.
Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal, to ensure that the proposed development can be adequately drained.
13. No development shall commence until details of a Construction Surface Water Management Plan (CSWMP) detailing how surface water and storm water will be managed on the site during construction (including demolition and site clearance operations) is submitted to and agreed in writing by the LPA. The CSWMP shall be implemented and thereafter managed and maintained in accordance with the approved plan for the duration of construction. The approved CSWMP shall include: Method statements, scaled and dimensioned plans and drawings detailing surface water management proposals to include:- i. Temporary drainage systems ii. Measures for managing pollution / water quality and protecting controlled waters and watercourses iii. Measures for managing any on or offsite flood risk associated with construction.
Reason: To ensure the development does not cause increased flood risk, or pollution of watercourses or groundwater https://www.suffolk.gov.uk/roads-and-transport/flooding-and-drainage/guidance-on-development-and-flood-risk/construction-surface-water-management-plan/
14. (In relation to the detailed part of the application) Within 28 days of practical completion of the last dwelling or unit, surface water drainage verification report shall be submitted to the Local Planning Authority, detailing and verifying that the surface water drainage system has been inspected and has been built and functions in accordance with the approved designs and drawings. The report shall include details of all SuDS components and piped networks in an agreed form, for inclusion on the Lead Local Flood Authority’s Flood Risk Asset Register.
Reason: To ensure that the surface water drainage system has been built in accordance with the approved drawings and is fit to be put into operation and to ensure that the Sustainable Drainage System has been implemented as permitted and that all flood risk assets and their owners are recorded onto the LLFA’s statutory flood risk asset register as required under s21 of the Flood and Water Management Act 2010 in order to enable the proper management of flood risk with the county of Suffolk https://www.suffolk.gov.uk/roads-and-transport/flooding-and-drainage/flood-risk-asset-register
15. Concurrent with the first reserved matters application(s), a surface water drainage scheme shall be submitted to, and approved in writing by, the local planning authority (LPA). The scheme shall be in accordance with the approved FRA and include:
a. Dimensioned plans and drawings of the surface water drainage scheme;
b. Further infiltration testing on the site in accordance with BRE 365 and the use of infiltration as the means of drainage if the infiltration rates and groundwater levels show it to be possible;
c. If the use of infiltration is not possible then modelling shall be submitted to demonstrate that the surface water runoff will be restricted to Qbar or 2l/s/ha for all events up to the critical 1 in 100 year rainfall events including climate change as specified in the FRA;
d. Modelling of the surface water drainage scheme to show that the attenuation/infiltration features will contain the 1 in 100 year rainfall event including climate change;
e. Modelling of the surface water conveyance network in the 1 in 30 year rainfall event to show no above ground flooding, and modelling of the volumes of any above ground flooding from the pipe network in a 1 in 100 year rainfall event including climate change, along with topographic plans showing where the water will flow and be stored to ensure no flooding of buildings or offsite flows;
f. Topographical plans depicting all exceedance flow paths and demonstration that the flows would not flood buildings or flow offsite, and if they are to be directed to the surface water drainage system then the potential additional rates and volumes of surface water must be included within the modelling of the surface water system;
g. Details of the maintenance and management of the surface water drainage scheme shall be submitted to and approved in writing by the local planning authority;
h. Details of a Construction Surface Water Management Plan (CSWMP) detailing how surface water and storm water will be managed on the site during construction (including demolition and site clearance operations) is submitted to and agreed in writing by the local planning authority.
The CSWMP shall be implemented and thereafter managed and maintained in accordance with the approved plan for the duration of construction. The approved CSWMP and shall include: Method statements, scaled and dimensioned plans and drawings detailing surface water management proposals to include:-
i. Temporary drainage systems
ii. Measures for managing pollution / water quality and protecting controlled waters and watercourses
iii. Measures for managing any on or offsite flood risk associated with construction The scheme shall be fully implemented as approved.
Reasons: To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site for the lifetime of the development. To ensure the development does not cause increased flood risk, or pollution of watercourses or groundwater. To ensure clear arrangements are in place for ongoing operation and maintenance of the disposal of surface water drainage. https://www.suffolk.gov.uk/roads-and-transport/flooding-and-drainage/guidance-on-development-and-flood-risk/construction-surface-water-management-plan
16. (Relating to the outline part of the application) Within 28 days of practical completion of the last dwelling or unit, a Sustainable Drainage System (SuDS) verification report shall be submitted to the LPA, detailing that the SuDS have been inspected, have been built and function in accordance with the approved designs and drawings. The report shall include details of all SuDS components and piped networks have been submitted, in an approved form, to and approved in writing by the LPA for inclusion on the Lead Local Flood Authority’s Flood Risk Asset Register.
Reason: To ensure that the surface water drainage system has been built in accordance with the approved drawings and is fit to be put into operation and to ensure that the Sustainable Drainage System has been implemented as permitted and that all flood risk assets and their owners are recorded onto the LLFA’s statutory flood risk asset register as required under s21 of the Flood and Water Management Act 2010 in order to enable the proper management of flood risk within the county of Suffolk https://www.suffolk.gov.uk/roads-and-transport/flooding-and-drainage/flood-risk-asset-register/
17. Prior to commencement of development of each phase (including any demolition, ground works, site clearance or other operational works), a construction management plan shall be submitted to and approved in writing by the local planning authority.
It shall include the following detail:
a. parking and turning areas for vehicles of site personnel, operatives and visitors;
b. provision of public car parking during construction;
c. loading and unloading of plant and materials;
d. piling techniques (if applicable);
e. storage of plant and materials;
f. provision and use of wheel washing facilities;
g. programme of site and all associated works such as utilities including details of traffic management necessary to undertake these works;
h. a communications plan to inform local residents of the program of works;
i. provision of boundary hoarding and lighting;
j. details of proposed means of dust suppression;
k. details of measures to prevent mud from vehicles leaving the site during construction;
l. haul routes for construction traffic on the highway network;
m. monitoring and review mechanisms;
n. details of site working and deliveries times to the site during construction phase;
o. details of the measures to protect footpaths/cycleways from motorised vehicles accessing them; and
p. HGV delivery management plan.
q. details of a Dust Management Plan and a variety of mitigation measures
r. details on how noise, dust, and light will be controlled
Thereafter, the approved construction management plan shall be adhered to throughout the construction of the development.
Reason: In the interest of highway safety to avoid the hazard caused by mud on the highway, to ensure minimal adverse impact on the public highway during the construction phase, and to reduce the potential impacts of noise pollution and additional vehicular movements in this area during the construction phase of the development.
18. The hours of working (Including deliveries) during the construction phase shall be: Monday to Friday 08:00 to 18:00 hours Saturday 08:00 to 13:00 hours Sunday and Bank Holidays None Unless otherwise agreed in writing with the local planning authority.
These restrictions also apply to deliveries/collections from site.
Reason: To protect neighbouring amenity.
19. Noise from fixed plant or machinery (e.g., heat pumps, compressors, extractor systems, air conditioning plant or refrigeration plant) can be annoying and disruptive. This is particularly the case when noise is impulsive or has tonal characteristics. A noise assessment should therefore be submitted to include all proposed plant and machinery and be based on BS4142:2014+A1:2019. A noise rating level (LAr,Tr) of at least 5dB below the typical background sound level (LA90,T)should be achieved at the nearest noise sensitive receptor. Where the noise rating level cannot be achieved, the noise mitigation measures considered should be explained and the achievable noise level should be identified and justified.
Reason: To ensure appropriate levels of amenity are provided to residents.
20. No development (including any construction, demolition, site clearance or removal of underground tanks and relic structures) approved by this planning permission, shall take place until a site investigation consisting of the following components has been submitted to, reviewed by, and confirmed in writing by the local planning authority that these requirements has been met:
1) A desk study and site reconnaissance, including:
- a detailed appraisal of the history of the site;
- an inspection and assessment of current site conditions;
- an assessment of the potential types, quantities and locations of hazardous materials and contaminants considered to potentially exist on site;
- a conceptual site model indicating sources, pathways and receptors; and
- a preliminary assessment of the risks posed from contamination at the site to relevant receptors, including: human health, ground waters, surface waters, ecological systems and property (both existing and proposed).
2) Where deemed necessary following the desk study and site reconnaissance an intrusive investigation(s), including:
- the locations and nature of sampling points (including logs with descriptions of the materials encountered) and justification for the sampling strategy;
- explanation and justification for the analytical strategy;
- a revised conceptual site model; and
- a revised assessment of the risks posed from contamination at the site to relevant receptors, including: human health, ground waters, surface waters, ecological systems and property (both existing and proposed).
All site investigations must be undertaken by a competent person (see National Planning Policy Framework) and conform to current guidance and best practice, including BS8485:2015+A1:2019, BS10175:2011+A2:2017 and Land Contamination Risk Management (LCRM).
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.
21. No development (including any construction, demolition, site clearance or removal of underground tanks and relic structures) approved by this planning consent, shall take place until a detailed Remediation Strategy (RS) has been submitted to, reviewed by and confirmed in writing by the Local Planning Authority as likely to address the risks identified by the submitted assessments. The RS must include, but is not limited to:
- details of all works to be undertaken including proposed methodologies, drawings and plans, materials, specifications and site management procedures;
- an explanation, including justification, for the selection of the proposed remediation methodology(ies);
- proposed remediation objectives and remediation criteria; and
- proposals for validating the remediation and, where appropriate, for future maintenance and monitoring.
The RS must be prepared by a competent person (see National Planning Policy Framework) and conform to current guidance and best practice, including BS8485:2015+A1:2019 and Land Contamination Risk Management.
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.
22. Prior to any occupation or use of the approved development, the Remediation Strategy agreed under Condition 20 must be completed in its entirety. The LPA must be given two weeks written notification prior to the commencement of the remedial works.
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. The Environmental Protection Team may want to observe works for example the effective installation of ground gas measures and geotextile membranes.
23. A verification report must be submitted to, reviewed by and confirmed in writing by the Local Planning Authority as likely to have addressed the risks identified prior to any occupation or use of the approved development. The verification report must include, but is not limited to:
- results of sampling and monitoring carried out to demonstrate that the site remediation criteria have been met;
- evidence that the RS agreed under Condition 2 has been carried out competently, effectively and in its entirety; and
- evidence that remediation has been effective and that, as a minimum, the site will not qualify as contaminated land as defined by Part 2A of the Environmental Protection Act 1990.
The verification report must be prepared by a competent person (see National Planning Policy Framework) and conform to current guidance and best practice, including BS8485:2015+A1:2019, CIRIA C735 and Land Contamination Risk Management.
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.
24. 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 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.
25. 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 Strategic Priority 3 and WLP8.40 of the Waveney Local Plan (2019) and the National Planning Policy Framework (2023).
26. 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 24 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 Strategic Priority 3 and WLP8.40 of the Waveney Local Plan (2019) and the National Planning Policy Framework (2023).
27. 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 1 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 Strategic Priority 3 and WLP8.40 of the Waveney Local Plan (2019) and the National Planning Policy Framework (2023).
28. No development shall take place within the area indicated [whole site] until a Historic Building Recording (HBR) of the Pillbox, undertaken to Historic England level 3 HBR guidance, which has been submitted to 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 Strategic Priority 3 and WLP8.40 of the Waveney Local Plan (2019) and the National Planning Policy Framework (2023).
29. No development shall take place within the area indicated [whole site] until a management plan detailing the preservation of the pillbox, which is to remain in situ, has been submitted and approved in writing by the Local Planning Authority. The submitted management plan must detail the preservation of the WW2 structure during the development of the site, which should be fenced off during construction and included within a construction exclusion zone to prevent any damage this heritage asset. The management plan should also include details on the long-term preservation of the structure which would make a positive contribution to the local character and distinctiveness of the development.
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 Strategic Priority 3 and WLP8.40 of the Waveney Local Plan (2019) and the National Planning Policy Framework (2023).
30. The hereby approved development shall be served by the most viable high-speed broadband connection.
Reason: To ensure that all new housing in the district is served superfast broadband, in accordance with policy WLP1.3 (Infrastructure) of East Suffolk Council - Waveney Local Plan (2019).
31. The residential development hereby approved shall be designed and built to achieve a water consumption rate of no more than 110 litres/person/day. All required water conservation measures installed to achieve this rate shall be retained/upgraded to ensure the required water consumption rate is not exceeded for the lifetime of the development.
Reason: To ensure the finished development implements the approved sustainable measures to comply with policy WLP8.28 of the East Suffolk Council - Waveney Local Plan (2019).
32. Unless Building Regulations require otherwise, all dwellings (including affordable/custom/self-build), hereby approved, shall be constructed and fitted out in accordance with the recommendations with the submitted and approved 'Sustainability and Energy Statement for Residential Development' prepared by Eastern Energy Consultants Limited.
Reason: To ensure a sustainable standard of design interest of addressing climate change to secure sustainable development in accordance with policy WLP8.28 of the East Suffolk Council - Waveney Local Plan (2019).
33. No development shall take place until plans demonstrating that 40% of the dwellings hereby approved comply with Building Regulation requirement M4(2) 'accessible and adaptable dwellings' and/or requirement M4(3) 'wheelchair user dwellings' have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved plans and thereafter retained in accordance with those plans.
Reason: To ensure the development provides accessible and adaptable dwellings in accordance with policy WLP8.31 of the East Suffolk Council - Waveney Local Plan (2019).
35. The internal noise levels must achieve standards as per BS8233:2014 and listed below:
Daytime noise levels for indoor living spaces of 35dB LAeq 16 hour (between the hours of 07:00 - 23:00 hours)
Night-time noise levels for bedrooms of 30dB LAeq 8 hour (between the hours of 23:00 07:00 hours)
Night-time LAmax levels of 45 dB LAF,max night-time (bedrooms only)
Reason: To protect the amenity of future residents.
36. Before the development is commenced, details of the estate roads and footpaths, (including layout, levels, gradients, surfacing, landscaping, lighting, traffic calming and means of surface water drainage), shall be submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until the carriageways and footways serving that dwelling have been constructed to at least Binder course level or better in accordance with the approved details.
Reason: In the interests of highway safety to ensure that roads/footways are constructed to an acceptable standard.
37. Notwithstanding the details indicatively presented within submitted Drawing Numbers C100 Rev P3 and C100B Rev P2 before the development is commenced details of the proposed off-site walking and cycling infrastructure on Hall Lane and at the junction of Hall Lane, B1375 Oulton Street, B1375 Gorleston Road and B1074 Somerleyton Road shall be submitted to and approved by the Local Planning Authority. The off-site improvements shall be laid out and constructed in its entirety in full accordance with approved details prior to first occupation of the development. The off-site improvements shall be retained thereafter in its approved form.
Reason: In the interests of highway safety and sustainable development by providing an off-site improvement scheme at an appropriate time where no provision may deter people from traveling sustainably and safely to the development site.
38. Before the development is commenced, a Stage 1 Road Safety Audit shall be undertaken for the proposed off-site walking and cycling infrastructure on Hall Lane and at the junction of Hall Lane, B1375 Oulton Street, B1375 Gorleston Road and B1074 Somerleyton Road.
The Road Safety Audit shall be carried out in accordance with current Road Safety Audit Practice and Guidance and any necessary amendments or changes undertaken.
Reason: In the interests of highway safety to ensure the approved layout is properly designed.
39. Before the access is first used visibility splays shall be provided as shown on Drawing No. C100 Rev P3 with an X dimension of 2.4 metres and a Y dimension of 70 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.
40. No part of the development shall be commenced until details of the proposed access indicatively shown on Drawing No. C100 Rev P3 have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be laid out and constructed in its entirety prior to occupation.
Reason: To ensure that the access and necessary highway improvements are designed and constructed to an appropriate specification and made available for use at an appropriate time in the interests of highway safety and sustainable travel.
41. 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 and who the adopting bodies will be.
The approved scheme shall be carried out in its entirety before the access is first used and shall be retained thereafter in its approved form.
Reason: To prevent hazards caused by flowing water or ice on the highway. *This needs to be a pre-commencement condition to avoid expensive remedial action which adversely impacts on the viability of the development if, given the limitations on areas available, a suitable scheme cannot be retrospectively designed and built. This is a pre-commencement condition because insufficient details have been submitted at planning stage.
42. Before the development is commenced details of the areas and infrastructure to be provided for the loading, unloading, manoeuvring and parking of vehicles including powered two-wheeled vehicles and electric vehicle charging points shall be submitted to and approved in writing by the Local Planning Authority.
The approved scheme shall be implemented for each dwelling prior to its first occupation and retained as such thereafter.
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 or loading, unloading and manoeuvring would be detrimental to highway safety.
43. Before the development is commenced 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.
The approved scheme shall be implemented for each dwelling prior to its first occupation and retained as such thereafter.
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).
44. Before the development is commenced details of the areas to be provided for the storage and presentation of refuse and recycling bins shall be submitted to and approved in writing by the Local Planning Authority.
The approved bin storage and presentation areas shall be implemented for each dwelling prior to the occupation of the dwelling those areas serve and retained as such thereafter.
Reason: To ensure that space is provided for refuse and recycling bins to be stored and presented for emptying and left by operatives after emptying clear of the highway and access to avoid causing obstruction and dangers for the public using the highway.
45. Prior to the occupation of the new development the two local bus stops shall be improved to provide Bus shelters/ DDA kerbs on both sides of the road and RTPI displays details of which previously shall have been submitted to and approved in writing by the Local Planning Authority. Note: For RTPI our approved supplier should be used.
Reason: To promote and facilitate access to sustainable transport modes and to provide safe and suitable access for all users in accordance with National Planning Policy Framework (Dec 2023) Para. 114 and Para. 116.
46. Concurrent with any Reserved Matter application associated with the Outline element of the development, details of the estate roads and footpaths, (including layout, levels, gradients, surfacing, landscaping, lighting, traffic calming and means of surface water drainage) serving the Outline element of the development shall be submitted to and approved in writing by the Local Planning Authority. No dwelling associated with the Outline element of the development shall be occupied until the carriageways and footways serving that dwelling have been constructed to at least Binder course level or better in accordance with the approved details.
Reason: In the interests of highway safety to ensure that roads/footways are constructed to an acceptable standard.
47. Concurrent with any Reserved Matter application associated with the Outline element of the development, details of the proposed walking and cycling connection onto Union Lane (including visibility splays, layout, levels, gradients, surfacing, lighting and means of surface water drainage) shall be submitted to and approved in writing by the Local Planning Authority. No dwelling associated with the Outline element of the development shall be occupied until the proposed walking and cycling connection onto Union Lane has been delivered in accordance with the approved details.
Reason: To ensure that the necessary highway improvements are designed and constructed to an appropriate specification and made available for use at an appropriate time in the interests of highway safety and sustainable.
48. Concurrent with any Reserved Matter application associated with the Outline element of the development 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. The approved scheme shall be carried out in its entirety before the access is first used and shall be retained thereafter in its approved form.
Reason: To prevent hazards caused by flowing water or ice on the highway.
49. Concurrent with any Reserved Matter application associated with the Outline element of the development details of the areas and infrastructure to be provided for the loading, unloading, manoeuvring and parking of vehicles including powered two-wheeled vehicles and electric vehicle charging points shall be submitted to and approved in writing by the Local Planning Authority.
The approved scheme shall be implemented for each dwelling prior to its first occupation and retained as such thereafter.
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 or loading, unloading and manoeuvring would be detrimental to highway safety.
50. Concurrent with any Reserved Matter application associated with the Outline element of the development 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. The approved scheme shall be implemented for each dwelling prior to its first occupation and retained as such thereafter.
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).
51. Concurrent with any Reserved Matter application associated with the Outline element of the development, details of the areas to be provided for the storage and presentation of refuse and recycling bins shall be submitted to and approved in writing by the Local Planning Authority.
The approved bin storage and presentation areas shall be implemented for each dwelling prior to the occupation of the dwelling those areas serve and retained as such thereafter.
Reason: To ensure that space is provided for refuse and recycling bins to be stored and presented for emptying and left by operatives after emptying clear of the highway and access to avoid causing obstruction and dangers for the public using the highway.
52. No development above ground floor slab level of any part of the development hereby permitted shall take place until the travel arrangements to and from the site for residents of the dwellings, in the form of a Revised Travel Plan in accordance with the mitigation measures identified in the submitted Transport Assessment Addendum[20 May 2024] ; Transport Assessment /Technical Note and Framework Travel Plan [11/07/2023] shall be submitted for the approval in writing by the local planning authority in consultation with the highway authority. This Travel Plan must contain the following:
- Baseline travel data based upon the information provided in the Transport Assessment, with suitable measures, objectives and identified targets to reduce the vehicular trips made by residents across the whole development, with suitable remedial measures identified to be implemented if these objectives and targets are not met
- Appointment of a suitably qualified Travel Plan Coordinator to implement the Travel Plan in full and clearly identify their contact details in the Travel Plan
- A commitment to monitor the vehicular trips generated by the residents and submit a revised (or Full) Travel Plan after baseline survey on occupation of 50% dwellings
- A further commitment to monitor the Travel Plan annually on each anniversary of the approval of the Full Travel Plan and provide the outcome in a revised Travel Plan to be submitted to and approved in writing by the Local Planning Authority until five years has passed after occupation of the final dwelling using the same methodology as the baseline monitoring
- A suitable marketing strategy to ensure that all residents on the site are engaged in the Travel Plan process
- A Travel Plan budget that covers the full implementation of the Travel Plan
- A copy of a resident’s travel pack that includes a multi-modal voucher for not less than £150 to incentivise residents to use sustainable travel in the local area
No dwelling within the site shall be occupied until the Travel Plan has been agreed. The approved Travel Plan measures shall be implemented in accordance with a timetable that shall be included in the Travel Plan and shall thereafter adhered to in accordance with the approved Travel Plan.
Reason: In the interest of sustainable development as set out in the NPPF, and relevant LPA Policies.
Note 1: The Travel Plan and Resident Travel Pack should be produced in accordance with Suffolk County Council’s Travel Plan Guidance (www.suffolk.gov.uk/planning-waste-and-environment/planning-and-development-advice/travel-plans/information-for-developers)
53. Within one month of the first occupation of any dwelling, the occupiers of each of the dwellings shall be provided with a Residents Sustainable Active Travel Pack (RTP) in accordance with the Travel Plan. Not less than 3 months prior to the first occupation of any dwelling, the contents of the RTP shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority and shall include walking, cycling and bus maps, latest relevant bus timetable information, car sharing information, personalised Travel Planning and a multi-modal travel voucher for an amount not less than £150 per household.
Reason: In the interest of sustainable development as set out in the NPPF, and policy CS15 of The Approach to Future Development in Waveney to 2021 - Core Strategy Development Plan Document (2009)
Note: The Resident Travel Pack should be produced in accordance with Suffolk County Council’s Travel Plan Guidance (www.suffolk.gov.uk/planning-waste-and-environment/planning-and-development-advice/travel-plans/information-for-developers
54 Prior to the commencement of any development, an Arboricultural Method Statement shall be carried out and submitted to the local planning authority for approval in writing.
Reason: In the interest of visual amenity to protect existing trees on and near the site.
55 Within 3 months of commencement of development, satisfactory precise details/specifications of a landscaping scheme to include tree, hedge, boundary treatments and other planting as appropriate (which shall include species, size and numbers of plants to be planted) shall be submitted to and approved in writing by the local planning authority.
Reason: To ensure the submission and implementation of a well-laid out scheme of landscaping in the interest of visual amenity.
56 The approved landscaping scheme shall be implemented not later than the first planting season following commencement of the development (or within such extended period as the local planning authority may allow) and shall thereafter be retained and maintained for a period of 5 years. Any plant material removed, dying or becoming seriously damaged or diseased within five years of planting shall be replaced within the first available planting season and shall be retained and maintained.
Reason: To ensure the submission and implementation of a well-laid out scheme of landscaping in the interest of visual amenity.
57 Within six months of commencement of development, a management plan for the continued management and maintenance of the approved landscaping scheme shall have been submitted to and approved in writing by the local planning authority. The maintenance plan should include, long term design objectives, management responsibilities and a scheme of maintenance for a period of 40 years. The schedule should include details of the arrangements for its implementation. The development shall be carried out and maintained in accordance with the approved management plan.
Reason: To landscaping is properly maintained in the interest of visual amenity.