6
The Committee considered report ES/0517 which gave details of the variation of conditions 4 and 6 Highways (access and footway) of DC/17/2981/OUT, Outline Application with some matters reserved for the construction of up to 200 dwellings including car parking, open space provision, associated infrastructure and access. The application which sought to amend the access into the site from a roundabout at the junction of Roman Way/Chediston Street to a priority junction on Roman Way. The application had been deferred by the Committee at its meeting on 14 July 2020 to enable the Applicant to consider alternatives.
Members received a presentation showing an aerial view of the site location plan, photographs of the location of the approved roundabout, the proposed revised access point on Roman Way, views in both directions, and plans of the approved roundabout and the new revised access.
The Principal Planner advised that the Applicant had considered alternative access and, in accordance with the technical note appended to the report with two alternatives for consideration, none were found to be better. The Applicant had undertaken a road safety audit of the proposed junction and County Highways had no objection. In response to comments made at the July meeting of the Committee, pedestrian access had been improved with further improvements for both pedestrian and cyclists links.
The Principal Planner reminded Members that the only aspect for discussion was the proposed access and it was recommended for approval subject to a Section 106 Agreement.
The Chairman invited questions.
Members sought clarification on the views of Natural England and whether that organisation had no comment or had not commented. The Principal Planner advised that Natural England had responded and had no comments to make.
The Chairman invited the public speakers to address the Committee.
Note: Thee was a brief adjournment from 2.23pm to 2.25pm due to a lost connection for the first speaker.
As an objector, Ms C Slater advised she was speaking on behalf of a group of residents and had four points to make. Firstly, the safety for cars and users needed a controlled crossing on a hazardous road in rush hour. Secondly the new access on land owned by the Council was unsafe compared to nearby access on Dukes Drive which offered connectivity. Thirdly, the proposed and unnecessary destruction of historic hedgerow on Chediston Street was relevant and might be agreed by default; it was important to preserve the border between town and countryside. Finally, it was questionable to use a variation for what could only be considered to be a material amendment. The change was quite significant and the developer should be required to submit a new planning application. Ms Slater suggested that Members should make a site visit a previously suggested before making any further decision.
Mr P Dutton advised he was Chairman of Halesworth Town Council’s Planning Committee, and stated that the proposal was not a minor change and therefore should not be considered to be a VOC. The access being moved along Roman Way was originally considered unsuitable, that had not changed so it was still unsuitable. Looking at the fields and road splay, there were a number of issues including the fact that the road was not wide enough. The road access needed to be evaluated so as not to destroy the valuable hedgerow. The application should be refused or postponed until adequate information was available. The application should not be approved as the plans did not indicate if the proposals were safe. The road was not wide enough for large vehicles when other vehicles were waiting to cross to their destination.
Ms V Balboa advised she was the Transport Consultant for the Applicant. She had addressed the Committee at its July meeting and explained that, due to the underground tank, the proposed roundabout would not meet the County Councils requirements. Other alternative options including a mini roundabout should not be installed on the site and the junction proposed was the best alternative access for the site. County Highways confirmed that the proposal met its guidance and it supported the proposal which met relevant design standards. Ms Balboa advised that the site had been allocated in the Local Plan, met relevant criteria and was providing social housing. There were no grounds to refuse the application and she requested Members follow the officer’s advice and approve the application.
As Ward Member, Councillor Goldson stated he wishes to challenge the agent’s statement and the information in Appendix B and stated that the drawings should be submitted to the Highway Authority for approval. The waiting lanes capacity would not be suitable as there was not sufficient width on Roman Way. The proposal was not on land that the developer owned, information requested at the July meeting had not yet been submitted. He made further reference to the attenuation tank in 2019 and the 2018 flood risk assessment, so there was clear evidence that the developer knew about the tank on site. In addition, Anglia Water planning had confirmed the pipe to the north of the development was leading to the storage tank in 2017, so there had been knowledge for the last three years. Minutes from April 2019 showed there was a conflict with the technical advice and local knowledge. Councillor Goldson recommended that the VOC be rejected and a new planning application be submitted with honest drawings. In April 2019, a site visit had been requested; to date, that had still not happened and the Committee needed to undertake such a visit to understand the site and some of the roads which were hardly wide enough for cars to pass, let alone put in a cycle way. He requested Members to reject the application now.
The Chairman invited questions.
Members were of the opinion that some of the points raised by the speakers with regard to the extent of a VOC and the need for a factual explanation of the feasibility of a cycle way on restricted space should be clarified. It was considered that the proposed VOC would change the development significantly, whereas a VOC would normally be used for relatively minor changes. Members also expressed serious concerns over the fact that such a major issue relating to the tank could be ignored by the developers when they submitted the application for a roundabout.
The Planning Manager advised that a variation was the correct process to follow; it covered wide ranging issues to vary a planning permission including layout and appearance. The proposal here was within the scope of what the government allowed and was perfectly acceptable. The Principal Planner advised that the width of the road and dimensions had been considered by the Highway Authority; the access and right turn were adequate The visibility splays were also adequate and County Highways had made no objections to the application.
The Applicant’s Agent responded by advising that, as discussed and explained at the previous Committee meeting, they were aware that there was a tank on site but not the exact location.
Councillor Goldson responded by stating he had a copy email which proved that the developer had known about the tank in February 2017. It appeared to him that misleading and false information had been provided.
A question was raised as to whether there were grounds to refuse the application. The Planning Managers advised that Members had to consider the application before them with regard to the revised access. The position of the tank had resulted in a change to the access. What might or might not have been known was not a reason for refusal.
Whilst not wholly supporting the variation, some Members accepted there was little choice but to approve the application. The site flooded and there would be a loss of hedgerow. The proposal to approve was duly seconded.
The Chairman reminded Members that they were considering the variation application for a change of access, nothing else. He advised that having checked with the officers, he was able to confirm that the Reserved Matters application could come forward to Committee. That would take everything into consideration and have to be approved before any works commenced. A site visit could be undertaken by the Committee before considering the Reserved Matters application.
The proposer and seconder agreed to that those suggestions being incorporated in the resolution to be voted upon and it was
RESOLVED
That permission be granted, subject to the variation of the Section 106 Agreement covering affordable housing, provision and future management of open space, RAMS payment and highways and bus stop improvement, and the following conditions:
1. a) Application for approval of any reserved matters must be made before 24.05.2022 and then
b) The development hereby permitted must be begun either before 24.05.2022 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. Details relating to the layout, scale, appearance and landscaping of the site (the "reserved matters"), and measures to minimise water and energy consumption and to provide for recycling waste shall be submitted to and approved by the Local Planning Authority before any development is commenced.
Reason: To comply with Sections 91 and 92 of the 1990 Act.
3. Details relating to the "reserved matters" pursuant to this planning permission shall not materially depart from the design principles and design proposals set down in the Design and Access Statement.
Reason: To secure a properly planned development.
4. The new vehicular access onto Roman Way and associated highway improvements shall be laid out and completed in all respects in accordance with Drawing Nos. 13455-SK005 Rev C and 13345-SK003; and made available for use prior to occupation. Thereafter the access shall be retained in the specified form.
Reason: To ensure that the access is designed and constructed to an appropriate specification and made available for use at an appropriate time in the interests of highway safety.
5. Before the access onto Roman Way is first used visibility splays shall be provided as shown on Drawing No. 13455-SK005 Rev C with an X dimension of 4.5m and a Y dimension of 70m and thereafter retained in the specified form. Notwithstanding the provisions of Part 2 Class A of the Town & Country Planning (General Permitted Development) Order 1995 (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 drive would have sufficient visibility to enter the public highway safely, and vehicles on the public highway would have sufficient warning of a vehicle emerging to take avoiding action.
6. No part of the development shall be commenced until details of the proposed access onto B1123 Chediston Street indicatively shown on Drawing No. YOR.2819_10C have been 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 occupation. Thereafter the access shall be retained in its approved form.
Reason: To ensure that the access is designed and constructed to an appropriate specification and made available for use at an appropriate time in the interests of highway safety.
7. Before the development is commenced details of the areas to be provided for storage of Refuse/Recycling bins shall be submitted to and approved in writing by the Local Planning Authority.
The approved scheme shall be carried out in its entirety before the development is brought into use and shall be retained thereafter for no other purpose.
Reason: To ensure that refuse recycling bins are not stored on the highway causing obstruction and dangers for other users.
8. 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.
9. 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 except with the written agreement of the Local Planning Authority.
Reason: To ensure that satisfactory access is provided for the safety of residents and the public.
10. The new estate road junction(s) with Chediston Street (B1123) inclusive of cleared land within the sight splays to this junction must be formed prior to any other works commencing or delivery of any other materials.
Reason: To ensure a safe access to the site is provided before other works and to facilitate off street parking for site workers in the interests of highway safety.
11. Before the development is commenced details of the areas to be provided for the [LOADING, UNLOADING,] manoeuvring and parking of vehicles including secure cycle storage shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out in its entirety before the development is brought into use and shall be retained thereafter and used for no other purpose.
Reason: To ensure the provision and long term maintenance of adequate on-site space for the parking and manoeuvring of vehicles, where on-street parking and manoeuvring would be detrimental to highway safety.
12. Before the B1123 Chediston Street access is first used clear visibility at a height of 0.6 metres above the carriageway level shall be provided and thereafter permanently maintained in that area between the nearside edge of the metalled carriageway and a line 2.4 metres from the nearside edge of the metalled carriageway at the centre line of the access point (X dimension) and a distance of 215 metres in each direction along the edge of the metalled carriageway from the centre of the access (Y dimension). Notwithstanding the provisions of Part 2 Class A of the Town & Country Planning (General Permitted Development) Order 1995 (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 drive would have sufficient visibility to enter the public highway safely, and vehicles on the public highway would have sufficient warning of a vehicle emerging to take avoiding action.
13. No development shall take place until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The statement shall provide details of:
- proposed hours of work
- proposed piling methods
- 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 and acoustic screens
- wheel washing facilities
- measures to control the emission of dust and dirt during construction
- a scheme for the recycling/disposing of waste resulting from construction works
The approved Statement shall be adhered to throughout the construction period.
Reason: In the interests of amenity and to ensure a safe development.
14. 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, and approved in writing by, the local planning authority:
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 and conform with current guidance and best practice, including BS10175:2011+A1:2013 and CLR11.
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.
15. 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 detailed remediation method statement (RMS) has been submitted to, and approved in writing by, the LPA. The RMS 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 RMS must be prepared by a competent person and conform to current guidance and best practice, including CLR11.
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.
16. Prior to any occupation or use of the approved development the RMS approved under condition 15 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.
17. A validation report must be submitted to and approved in writing by the LPA prior to any occupation or use of the approved development. The validation 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 RMS approved under condition 15 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.
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.
18. 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 BS 10175:2011+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.
19. No development shall take place until a Construction Environmental Management Plan to mitigate both noise and air quality impacts during the construction phase has been submitted to, and approved in writing by, the local planning authority. The construction shall be carried out in accordance with the approved Plan.
Reason: In the interests of amenity.
20. No development shall take place within the area indicated [the whole site] until the implementation of a programme of archaeological work has been secured, in accordance with a Written Scheme of Investigation which has been submitted to and approved in writing by the Local Planning Authority. The scheme of investigation shall include an assessment of significance and research questions; and:
a. The programme and methodology of site investigation and recording
b. The programme for post investigation assessment
c. Provision to be made for analysis of the site investigation and recording
d. Provision to be made for publication and dissemination of the analysis and records of the site investigation
e. Provision to be made for archive deposition of the analysis and records of the site investigation
f. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.
g. The site investigation shall be completed prior to development, or in such other phased arrangement, as agreed and approved in writing by the Local Planning Authority.
Reason: To safeguard archaeological assets within the approved development boundary from impacts relating to any groundworks associated with the development scheme and to ensure the proper and timely investigation, recording, reporting and presentation of archaeological assets affected by this development, in accordance with Policy WLP8.40 of the East Suffolk Council Waveney Local Plan (2019) and the National Planning Policy Framework (2012).
21. 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 21 and the provision made for analysis, publication and dissemination of results and archive deposition.
Reason: To safeguard archaeological assets within the approved development boundary from impacts relating to any groundworks associated with the development scheme and to ensure the proper and timely investigation, recording, reporting and presentation of archaeological assets affected by this development, in accordance with Policy WLP8.40 of the East Suffolk Council Waveney Local Plan (2019) and the National Planning Policy Framework (2012).
22. 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. The scheme shall be in accordance with the approved FRA and include:
1. Dimensioned plans and drawings of the surface water drainage scheme;
2. 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;
3. 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;
4. 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;
5. 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 climate change rainfall event, along with topographic plans showing where the water will flow and be stored to ensure no flooding of buildings or offsite flows;
6. Topographical plans depicting all exceedance flowpaths 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;
7. Details of who will maintain each element of the surface water system for the life. The scheme shall be fully implemented as approved.
Reason: To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site for the lifetime of the development.
23. Concurrent with the first reserved matters application(s) details of the implementation, maintenance and management of the surface water drainage scheme shall be submitted to and approved in writing by the local planning authority. The strategy shall be implemented and thereafter managed and maintained in accordance with the approved details.
Reason: To ensure clear arrangements are in place for ongoing operation and maintenance of the disposal of surface water drainage.
24. No development shall commence until a foul water strategy has been submitted to and approved in writing by the Local Planning Authority. No dwellings shall be occupied until the works have been carried out in accordance with the foul water strategy so approved unless otherwise approved in writing by the Local Planning Authority.
Reason: To prevent environmental and amenity problems arising from flooding.
25. Before the development hereby permitted is occupied full details of electric vehicle charging points to be installed in the development shall have been submitted to the Local Planning Authority and approved in writing.
Reason: To ensure that the development makes adequate provision for electric vehicle charging points to encourage the use of electric vehicles in accordance with paragraph 3.4.2.
26. Prior to the commencement of development full details of the design of green infrastructure to provide a variety of routes of at least 2.6Km for dog walking, with connections to Rights of Way, and infrastructure such as interpretation, dog bins, and off lead areas, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details.
Reason: In order to mitigate the impact of the development on designated sites.
27. The recommendations of the Preliminary Ecological Appraisal (Cotswold Wildlife Surveys, May 2017) and the great crested newt survey report (Cotswold Wildlife Surveys, May 2017) shall be implemented in full.
Reason: In the interests of the protection of wildlife and protected species.
28. Prior to the commencement of development an Ecological Mitigation and Enhancement Plan shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved Plan.
Reason: In the interests of the protection of wildlife and protected species.
29. Prior to the commencement of development full details of fire hydrant provision within the site shall be submitted to and approved by the Local Planning Authority. The development shall be implemented in accordance with the approved details.
Reason: To ensure the adequate provision of water for fire fighting.
30. With the exception of any site clearance works, site investigation works and tree protection works no development shall take place unless a Mineral Safeguarding Assessment and Minerals Management Plan for that phase has been submitted to and approved in writing by the local planning authority in consultation with the minerals planning authority. The Mineral Safeguarding Assessment shall assess the potential for the onsite reuse of mineral resource arising from groundwork, drainage and foundation excavations in accordance with an agreed methodology. The Minerals Management Plan will identify for each phase of development the type and quantum of material to be reused on site, and the type and quantum of material to be taken off site and to where. The development shall then be carried out in accordance with the Mineral Management Plan unless otherwise agreed in writing by the local planning authority.
Reason: To assess the quantity and quality of sand and gravel resources in accordance with the Suffolk Minerals and Waste Local Plan.
31. Detailed plans of the Reserved Matters pursuant to condition 2 above shall show that 40% of the dwellings within the site will meet the requirements of part M4(2) of Part M of the Building Regulations unless otherwise agreed in writing by the local planning authority. The development shall be carried out strictly in accordance with those approved details.
Reason: To ensure that adequate provision is made for adaptable and accessible homes in accordance with Policy WLP8.31.
32. Detailed particulars of the Reserved Matters pursuant to condition 2 above shall include a Sustainability Statement which demonstrates how all the dwellings within the site shall achieve the optional technical standard in terms of water efficiency of 110 litres/person/day unless otherwise agreed in writing by the local planning authority. The development shall be carried out strictly in accordance with those approved details.
Reason: To ensure new housing meets water efficiency measures in accordance with Policy WLP8.28.
33. As part of the first submission of a reserved matters application a scheme for the provision of self build/custom build dwellings within the site shall be submitted to and agreed in writing by the local planning authority. The scheme shall include:
- An area of land sufficient to accommodate at least 5% of the total number of dwellings as self build/custom build dwellings;
- Arrangements to ensure the self build /custom build plots will be adequately accessed and serviced within an agreed timescale;
- Arrangements for the marketing of the serviced self build/custom build plots for a period of not less than 12 months;
- A set of design principles for the self build/custom build dwellings and requirements for the construction of the said dwellings
- Arrangements for the development of any self build/custom not taken up after a minimum of 12 months marketing.
Reason: To ensure adequate provision of self build/custom build dwelling plots in accordance with Policy WLP8.3.
34. The approved scheme under condition 33 shall be implemented in accordance with the agreed details unless otherwise agreed in writing by the local planning authority.
Reason: To ensure adequate provision of self build/custom build dwelling plots in accordance with Policy WLP8.3.
35. No open market housing shall be developed on any of the plots identified for self build/custom build dwellings by the scheme approved under condition 33 unless evidence that the plots have been marketed in accordance with the agreed marketing requirements has been submitted to and approved in writing by the local planning authority.
Reason: To ensure sufficient opportunity for the provision of self build/custom build dwelling plots in accordance with Policy WLP8.3.