8
The Committee received report ES/0725 of the Head of Planning and Coastal Management, which related to planning application DC/21/0565/FUL.
Full planning permission was sought for erection of a detached dwelling with attached garage. The was before the Committee as the development proposal was a departure from the Waveney Local Plan and the recommendation was for approval.
The Committee received a presentation on the application from the Planner, who was the case officer.
The site's location and relationship with Carlton Park was outlined. The Planner noted the extant consent on the adjacent Plot 1.
The Committee was shown photographs displaying views along Carlton Road, into the site, the proposed shared access with Plot 1, and the dwelling being constructed on Plot 1.
The proposed block plan, floor plans, cross-sections and elevations were displayed.
The recommendation to approve the application, as set out in the report, was outlined to the Committee.
The Chairman invited questions to the officers.
The Planner confirmed that Suffolk County Council as the Highways Authority had not raised concerns about the visibility splay of the access and had recommended approval with standard conditions.
There being no public speaking on the application, the Chairman invited the Committee to debate the application that was before it.
The Chairman opened debate by noting that the application had been referred to the Committee for determination only because it was a departure from planning policy; he was in favour of the application and recommended that it be approved.
Members of the Committee stated that they supported the application; one member of the Committee considered that the development would enhance the area.
There being no further debate the Chairman moved to the recommendation to approve the application, as set out in the report.
On the proposition of Councillor Ashdown, seconded by Councillor Ceresa it was by unanimous vote
RESOLVED
That the application be APPROVED subject to conditions:
1. The development hereby permitted shall be begun within a period of three years beginning with the date of this permission.
Reason: In accordance with Section 91 of the Town and Country Planning Act 1990 as amended.
2. The development hereby permitted shall be completed in all respects strictly in accordance with the application form, design and access statement, Preliminary Ecological Appraisal (Anglian Ecology, March 2020) and drawing numbers GFD2101-0101 P01, GFD2101-0102 P02 received 5th February 2021.
Reason: For the avoidance of doubt as to what has been considered and approved.
3. No building work shall commence until details of the following have been submitted to and approved in writing by the local planning authority:
(i) All external materials (including external walls, roof material and windows)
(ii) rainwater goods (including material and colour)
(iii) fence and gates (on boundary with adjacent neighbours) (full details of location, height, appearance, materials and finish).
Thereafter, all work must be carried out using the approved materials and in accordance with the approved details.
Reason: To ensure that any new detailing and materials will not harm the traditional/historic character of the building: the application does not include the necessary details for consideration.
4. Within 3 month(s) of commencement of development, satisfactory precise details of a tree and/or hedge planting scheme (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. The approved landscaping scheme shall be implemented at the first planting season following commencement of the development.
Reason: To ensure the submission and implementation of a well-laid out scheme of landscaping in the interest of visual amenity.
5. No other part of the development shall be commenced until the new vehicular access has been laid out and completed in all respects in accordance with Drawing No. DM01 with an entrance width of 4.5 metres and has been made available for use. 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 is brought into use before any other part of the development is commenced in the interests of highway safety
6. The gradient of the vehicular access shall not be steeper than 1 in 20 for the first five metres measured from the nearside edge of the adjacent metalled carriageway.
Reason: To ensure that vehicles can enter and leave the public highway in a safe manner.
7. The access driveway shall be constructed at a gradient not steeper than 1 in 8.
Reason: To ensure that vehicles can enter and leave the public highway in a safe manner.
8. Prior to the dwelling hereby permitted being first occupied, the vehicular access onto the highway shall be properly surfaced with a bound material for a minimum distance of 5 metres from the edge of the metalled carriageway, in accordance with details previously submitted to and approved in writing by the local planning authority.
Reason: To secure appropriate improvements to the vehicular access in the interests of highway safety.
9. Before the access is first used visibility splays shall be provided as shown on Drawing No. GFD2101-0101 P01 with an X dimension of 2.4 metres and a Y dimension of 43 metres 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 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 in order to take avoiding action
10. Before the development is commenced details shall be submitted to and approved in writing by the Local Planning Authority showing the means to prevent the discharge of surface water from the development onto the highway. 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.
11. The use shall not commence until the area(s) within the site on GFD2101-0101 P01 & GFD2101-0102 P02 for the purposes of manoeuvring and parking of vehicles has been provided and thereafter that area(s) shall be retained and used for no other purposes.
Reason: To enable vehicles to enter and exit the public highway in forward gear in the interests of highway safety
12. 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 ORLB URNS 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
13. No development shall take place (including demolition, ground works, vegetation clearance) until a Mitigation Method Statement for great crested newts (based on appropriate survey information) has been submitted to and approved in writing by the local planning authority.
Reason: To ensure that ecological receptors are adequately protected as part of the development.
14. Development must be undertaken in accordance with the ecological avoidance, mitigation, compensation and enhancement measures identified within the Preliminary Ecological Appraisal (PEA) report (Anglian Ecology, March 2020).
Reason: To ensure that ecological receptors are adequately protected and enhanced as part of the development.
15. No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority.
Reason: To ensure that nesting birds are protected.
Informatives:
1. The Local Planning Authority has assessed the proposal against all material considerations including planning policies and any comments that may have been received. The planning application has been approved in accordance with the objectives of the National Planning Policy Framework and local plan to promote the delivery of sustainable development and to approach decision taking in a positive way.
2. The applicant is advised that the proposed development may require the naming of new street(s) and numbering of properties/businesses within those streets and/or the numbering of new properties/businesses within an existing street. This is only required with the creation of a new dwelling or business premises. For details of the address charges please see our website www.eastsuffolk.gov.uk/planning/street-naming-and-numbering or email llpg@eastsuffolk.gov.uk
3. East Suffolk Council is a Community Infrastructure Levy (CIL) Charging Authority.
The proposed development referred to in this planning permission may be chargeable development liable to pay Community Infrastructure Levy (CIL) under Part 11 of the Planning Act 2008 and the CIL Regulations 2010 (as amended).
If your development is for the erection of a new building, annex or extension or the change of use of a building over 100sqm in internal area or the creation of a new dwelling, holiday let of any size or convenience retail , your development may be liable to pay CIL and you must submit a CIL Form 2 (Assumption of Liability) and CIL Form 1 (CIL Questions) form as soon as possible to CIL@eastsuffolk.gov.uk
A CIL commencement Notice (CIL Form 6) must be submitted at least 24 hours prior to the commencement date. The consequences of not submitting CIL Forms can result in the loss of payment by instalments, surcharges and other CIL enforcement action.
CIL forms can be downloaded direct from the planning portal: https://www.planningportal.co.uk/info/200136/policy_and_legislation/70/community_infrastructure_levy/5
Guidance is viewable at: https://www.gov.uk/guidance/community-infrastructure-levy
4. It is an OFFENCE to carry out works within the public highway, which includes a Public Right of Way, without the permission of the Highway Authority.
Any conditions which involve work within the limits of the public highway do not give the applicant permission to carry them out. Unless otherwise agreed in writing all works within the public highway shall be carried out by the County Council or its agents at the applicant's expense.
The County Council's East Area Manager must be contacted on Telephone: 0345 6066171. Further information can be found at: https://www.suffolk.gov.uk/roads-and-transport/parking/apply-for-a-dropped-kerb/
A fee is payable to the Highway Authority for the assessment and inspection of both new vehicular crossing access works and improvements deemed necessary to existing vehicular crossings due to proposed development.