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The Committee considered report ES/0394 which gave details of the planning application for full planning permission for the erection of 26 dwellings and associated access, car parking and open space on land to the north side of The Street, Darsham.
The Principal Planner explained that, under the current adopted Development Plan, the site was not allocated for development and was therefore in the countryside for planning purposes. However, the application site was an allocation in the emerging Suffolk Coastal Local Plan under policy SCLP12.49. That Plan was at an advanced stage in the process and that specific allocation was deemed to be consistent with the National Planning Policy Framework. The site was also sustainably located and would represent infilling of a gap between existing residential development which provided eight in favour of the principle of development. As Members were aware, the Committee had considered the application at its meeting in January 2020 and had deferred making a decision until the examining Inspector had issued his post-hearings letter on the Suffolk Coastal Final Draft Local Plan. That had been received in February and stated that ‘subject to main modifications the Plan was likely to be capable of being round sound and legally compliant’. No modifications were proposed to the site allocation policy SCLP12.49 and on that basis, officers considered the policy could be given considerable weight in support of the proposal and were recommending approval.
Members were shown an aerial view, photographs and location plans of the site, comparing the details of the current Local Plan to the Draft Local Plan, views along the road in both directions, the site frontage, views across and from within the site, and the proposed block plan. The site would be adjacent to the existing Hopkins & Moore development and close to the Cheyney Green development where the new village hall was located. Samples of the house types were displayed and details given of the tree protection plan.
The Principal Planner explained that the development had been set back from the road frontage to allow the retention of the trees. In addition, the trees on the western boundary and vegetation on that boundary would be retained. In highlighting the material planning considerations, the Principal Planner advised that the site was a logical infill and the development would be controlled by a Construction Management Plan in accordance with condition 16. In his view, with the public benefits of the scheme, there appeared to be no reason in planning terms to delay the development.
The Chairman invited questions.
Members sought clarification on the timing of the commencement of the development and the percentage of affordable housing indicating that, at 35%, there should be nine such dwellings. The Principal Planner explained that the standard condition applied in that development should be begun within a period of three years from being granted. In accordance with the relevant policy in the draft Suffolk Coastal Local Plan, the affordable housing requirement was slightly lower at one third and the affordable housing provision was broadly in accordance with that policy.
The Chairman invited public speakers to address the Committee.
As an objector and resident, Mr P McIntosh explained that the residents of Darsham and Parish Council had expressed huge opposition to this scheme. Not all information had been provided to allow due consideration to be given to the level of objection. The application contravened the policy to protect villages and that had not been satisfactorily addressed. The village had already exceeded its housing allocation as a result of three major projects causing disruption over the last few years. Four and five bedroomed houses in a small village it was not a balanced provision, nor the high density of houses. The proposed access was opposite a driveway entrance and with three junctions in 85m, safety was being compromised. The development would disrupt the trees and hedgerow and affect the ecology of the area. Additional lighting would affect the dark sky policy. The proposal was exploiting a natural resource in the name of profit and the site should not have been identified for development.
A Member asked a question regarding the status of the dark skies policy.
Mr McIntosh explained that DASH Astro (Darsham Astronomical Society) was a prime mover in the policy; all residents were aware and kept exterior lighting to a minimum during the hours of darkness.
On behalf of Darsham Parish Council, Mr R Leggate confirmed that the Parish Council was asking for the development to be delayed, full details of which were contained in the officer’s report in paragraph 7.11. The two estates already built had increased the village’s population by 30% and with this one that would increase to 50% over five years. How would you feel if you were a resident? Although the Inspector had made no modifications to this site, he asked that the Parish Council’s views were taken into account, but that had not happened. The sewerage system was already inadequate and the NPPF standards state that a site should be well served by public transport. That was not the case here. Having been consulted as a statutory body, the Parish Council was asking not to allow the development at this time due to the over allocation in the Local Plan. The Inspector asked the planners to respect the Parish Council's wishes and Members needed to do that by not approving this application today.
Mr C Smith advised that he was development planner for Hopkins and Moore. It was considered that the appearance of the development was in keeping with the local area and, referring back to the proposals in January, the technical requirements could be addressed. The application would provide an attractive development in accordance with the Local Plan policy. Mr Smith asked the Committee to concur with the officer’s recommendation and approve the proposals.
The Chairman invited questions to the Applicant.
Member raised questions and sought clarification with regard to it being a sustainable location, footpath and cycle link, liaison with the Parish Council to mitigate any issues with construction, lack of provision of bungalows, and the dark skies policy.
Mr Smith advised that the site, in a rural area, was close to existing services and some facilities and the Inspector had concurred. There would be a financial contribution to Suffolk County Council to improve the existing cycle and path network and the footpath going to the railway station; that would be beneficial for the whole village. They were looking to ensure that working hours, deliveries and parking by contractors was acceptable. The site was somewhat small to be able to provide bungalows; however, it was considered to be a reasonable mix of properties on the site and all would meet disabled access standards in accordance with Building Regulations. As the site was in a rural location, they would look to follow the low light policy.
The Planning Manager advised Members that an appropriate condition relating to the lighting policy was being recommended.
The Chairman invited questions to officers.
Members raised questions relating to:
- Adequate cycle provision to Darsham station over a mile distant.
- Retention of hedgerow.
- Any further development coming forward for the village.
The Principal Planner confirmed that, although the final route of the footpath was not yet known, the contribution per dwelling for highways matters would go direct to the County Council. Other contributions would be made for footpath works near the railway station and the money would be ring fenced for that work. Paragraph 7.50 gave details relating to the loss of hedgerow on the southern boundary by the vehicle access, whilst unfortunate, it was necessary to facilitate safe and suitable access. The trees there were not protected and some of the boundary features were being retained.
The Planning Manager advised that this was the only site coming forward for development; policy 12.48 in the emerging Local Plan identified a site that was outside the settlement boundary. However, Members further referred to that site which was for 120 dwellings near the railway station and understood that it was clearly within the Darsham parish boundary. Officers confirmed that that was an allocation in the emerging Local Plan, but that it was more distant from the main village, being in the transition between Yoxford and Darsham.
Whilst recognising that the site has been identified in the Final Draft Local Plan, some Members expressed concern that the parish was being swamped to the extent of unbalancing the community and the continuous development in Darsham was an issue. The increase in numbers of dwellings would lose the individual character of Darsham as a village and with further housing proposed near the railway station that would increase the population by 136%. Further comment was made that it was contrary to the existing Local Plan and if that carried weight, then the application could be refused at this time and might achieve the delay the Parish Council wished to see.
The Planning Manager advised that site near the railway station was allocated in the Draft Local Plan but no application to develop had come forward. On the site being considered today, the policy in the emerging Local Plan identified the site as being suitable for 25 dwellings. The application was considered to be a suitable development for the site as an efficient use of land at an acceptable level. Under the Planning and Compulsory Purchase Act (2004) decisions had to be made in accordance with the development plan unless material considerations indicated other wise; the development accorded with the new Final Draft Local Plan and that now carried significant weight as the policies contained in the Plan were likely to be adopted. Those policies were as a result of work between Members and officers through the appropriate Working Group and this site had been endorsed as a suitable allocation. Having been through the examination process, the Plan would be adopted by the Council. If Members were minded to refuse the application, the Applicant would likely appeal against a weak refusal.
The Chairman asked the Applicant when they expected to commence the development and the time anticipated for the building works. Mr Smith advised it was hoped to start building work in the Autumn, subject to the Section 106 Agreement being in place and build time was anticipated to be within two years. The Principal Planner asked Members to note that early delivery of the site would aggregate all construction processes at one time and the proposed Construction Management Plan would address any issues that had previously been raised. Any delay would result in construction disruption commencing at a much later date.
A Member recalled the previous debate at the Committee’s meeting in January that the application was deferred pending receipt of the Inspector’s report. That had now been received and no modification was being proposed. Whilst sympathetic to the Parish’s views, it was appropriate for the development to proceed and the developer was asked to work closely with the Parish Council and take on board its comments.
There being no further discussion, it was
RESOLVED
That authority be granted to approve the application, subject to the completion of a Section 106 Agreement securing:
- Affordable housing provision;
- Open space provision and long term site management;
- Per-dwelling contribution to Suffolk RAMS to mitigate recreational impacts on designated European sites; and
- A financial contribution to partially fund a safer pedestrian route to Darsham Station and the amenities, services and footway network beyond.
and the following 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 the following plans and documents:
- Drawing Nos. DAR3-003 rev B and DAR3-002 rev B, received 26 November 2019;
- Flood Risk Assessment and Drainage Strategy (Rev D) (ref. 1810-224 Darsham), received 25 November 2019;
- Ecological Impact Assessment (EcIA) (Southern Ecological Solutions, July 2019), received 29 October 2019;
Drawing Nos. DAR3-004 rev A, DAR3-005 rev A, DAR3-006 rev ADAR3-010 rev A, DAR3-011 rev A, DAR3-012 rev A, DAR3-013 rev A, DAR3-014 rev A, DAR3-016 rev A, DAR3-017 rev A, DAR3-018 rev A, DAR3-019 rev A, DAR3-020 rev A, DAR3-021 rev A, DAR3-022 rev A, DAR3-023 rev A, DAR3-024, DAR3-025, DAR3-026 rev A, DAR3-027 rev A, DAR3-028 rev A, DAR3-029 rev A, DAR3-030 rev A, DAR3-031 rev A, DAR3-032 rev A, DAR3-033 rev A, DAR3-301 rev A, DAR3-302 rev A, DAR3-303 rev A, DAR3-304, DAR3-400, HOPK 428/28-002 rev B, HOPK 428/28-001 rev B, received 12 September 2019; and Drawing No. DAR3-001, received 05 April 2019.
Reason: To secure a properly planned development and for the avoidance of doubt as to what has been considered and approved.
3. Before the development is commenced, details of the access and associated works (including layout, levels, gradients, surfacing and means of surface water drainage), shown indicatively on External Works Layout Drawing DAR-03-B, shall be submitted to and approved in writing by the Local Planning Authority.
The approved access shall be laid out and constructed in its entirety prior to any other part of the development taking place. Thereafter the access shall be retained in its approved form.
Reason: To ensure that access on to the 'highway maintainable at public expense' is designed and constructed to an acceptable standard and made available for use at an appropriate time in the interests of highway safety.
4. Before the development is commenced details shall be submitted to and approved in writing by the County Planning Authority showing the means to prevent the discharge of surface water from the development onto the highway. 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.
5. Before the access is first used, visibility splays shall be provided as shown on Drawing No. DAR-03-B and thereafter retained in the specified form. Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) Order 2015 as amended (or any Order revoking and re-enacting that Order with or without modification) no obstruction over 0.6 metres high shall be erected, constructed, planted or permitted to grow within the areas of the visibility splays.
Reason: To ensure vehicles exiting the access would have sufficient visibility to enter the public highway safely.
6. Before the development is commenced, details of the 1.8m width footpath means of public pedestrian connectivity through the site (including layout, levels, gradients, surfacing and means of surface water drainage), shown indicatively on External Works Layout Drawing DAR-03-B, shall be submitted to and approved in writing by the Local Planning Authority.
The approved public connectivity footpath shall be laid out and constructed in its entirety prior to occupation of the 10th dwelling. Thereafter the public connectivity footpath through the site shall be retained in its approved form.
Reason: To ensure the provision, within the site, of a footway link that is segregated from conflict with the vehicular traffic on the relatively narrow section of The Street's carriageway fronting the site and that will allow the public to traverse east-west through the site. This footway link will form part of any future safer pedestrian route to Darsham Railway Station, amenities/facilities and the footway network beyond.
7. Before the development is commenced, details of the estate roads and footpaths, (including layout, levels, gradients, surfacing and means of surface water drainage), shall be submitted to and approved in writing by the Local Planning Authority.
Reason: To ensure that roads/footways are constructed to an acceptable standard.
8. 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.
9. 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 8 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.
10. The strategy for the disposal of surface water and the Flood Risk Assessment (FRA) (dated 25/11/2019, ref: 1810-224) shall be implemented as approved in writing by the local planning authority. 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.
11. The development hereby permitted shall not be occupied until details of all Sustainable Drainage System components and piped networks have been submitted, in an approved form, to and approved in writing by the Local Planning Authority for inclusion on the Lead Local Flood Authority's Flood Risk Asset Register.
Reason: 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 per s21 of the Flood and Water Management Act 2010 in order to enable the proper management of flood risk with the county of Suffolk.
12. 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 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:
a. 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.
13. Prior to the commencement of development, a detailed Arboricultural Method Statement and Tree Protection Plan shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.
Reason: In accordance with the recommendations made within the approved Arboricultural Impact Assessment, to ensure that retained trees are not damaged during the construction process.
14. All hard and soft landscape works shall be carried out in accordance with the approved drawing nos. HOPK 428/28-002 rev C & HOPK 428/28-003 rev B, and 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). Thereafter it shall 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.
15. None of the trees or hedges shown to be retained on the approved plan No. 7685-D-AIA rev A (received 16 December 2019) shall be lopped, topped, pruned, uprooted, felled, wilfully damaged or in any other way destroyed or removed without the prior written approval of the local planning authority. Any trees or hedges removed, dying, being severely damaged or becoming seriously diseased within five years of the completion of the development shall be replaced during the first available planting season, with trees or hedges of a size and species, which shall previously have been approved in writing by the local planning authority.
Reason: To safeguard the contribution to the character of the locality provided by the frontage TPO trees and other valuable specimens on and adjacent the site.
16. No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by the local planning authority. The Statement shall provide for:
- the parking of vehicles of site operatives and visitors;
- loading and unloading of plant and materials;
- storage of plant and materials used in constructing the development;
- the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;
- wheel washing facilities;
- measures to control the emission of dust and dirt during construction;
- a scheme for recycling/disposing of waste resulting from demolition and construction works; and
- delivery, demolition and construction working hours.
The approved Construction Method Statement shall be adhered to throughout the construction period for the development.
Reason: In the interest of local amenity and protection of the local environment during construction.
17. Prior to the commencement of development, the following Ecological documents/plans shall be submitted to and approved in writing by the Local Planning Authority:
- Construction Environmental Management Plan (CEMP) (including details of ecological mitigation measures identified in the EcIA); and
- an Ecological Enhancement Plan (EEP).
The EEP shall detail ecological enhancement measures to be provided (in accordance with the recommendations made in the approved Ecological Impact Assessment EcIA) including, but not limited to, the measures identified in the EcIA and the provision of integrated swift nest boxes at a ratio equivalent to one per property.
Development shall be carried out in accordance with the approved details.
Reason: to mitigate the ecological impacts of development and secure biodiversity net gain, in accordance with the objectives of Development Plan policies SP14 and DM27.
18. Prior to the occupation of any part of the development, details of an external lighting scheme shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.
Reason: In the interest of protection of the local ecological environment.
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 and conform with prevailing guidance (including BS10175:2011+A1:2013 and CLR11) and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority.
Where remediation is necessary a detailed remediation method statement (RMS) must be prepared, and is subject to the approval in writing of the Local Planning Authority. The RMS must include detailed methodologies for all works to be undertaken, site management procedures, proposed remediation objectives and remediation criteria. The approved RMS 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 approved remediation scheme a validation report that demonstrates the effectiveness of the remediation must be submitted to and approved in writing by the LPA.
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.