6
The Committee received report ES/0567 of the Head of Planning and Coastal Management, which related to planning application DC/20/2976/FUL.
The application sought the demolition of the existing playbarn and playbarn annex outbuildings which would be replaced with a new build unit of tourist accommodation, including minor renovation of existing outbuildings to house a home gym and ancillary storage spaces for the farmhouse at Manor Farm, Hall Road, Stratford St Andrew.
The application was before the Committee as the it as a departure to the Development Plan as Suffolk Coastal Local Plan Policy SCLP6.5 states that new tourist accommodation comprising permanent buildings will only be permitted within settlement boundaries, and the application site was not located within any settlement boundary and was therefore identified as being in the countryside for planning purposes (policies SCLP3.2 and SCLP3.3).
The Committee received a presentation on the application from the Senior Planner, who was acting as the case officer.
The site's location was outlined to the Committee. A Google Earth image of the site was displayed, which highlighted the buildings to be replaced and the application's relationship with existing buildings in the area.
The existing and proposed block plans were shown; the Senior Planner noted that the proposed plan would create more of a courtyard space.
The Committee received the existing and proposed floor plans and north and south elevations.
A proposed cross-section of the site was displayed, which demonstrated how the proposed building would be contained within the wider site.
Photographs of the existing playbarn and annexe were displayed.
The Committee received computer generated visualisations of the view from the private front meadow looking west, the south elevation from the courtyard (the corrugated barn door shown open), and the east elevation.
The Senior Planner outlined the extant planning consent on the site, approved under planning application DC/19/3965/FUL.
The Senior Planner considered that the proposed design was of a high quality and would have a limited impact on the surrounding area. It was highlighted that the Highways Authority had not raised any concerns with the application and that a RAMS mitigation payment had been made by the applicant. The Senior Planner confirmed that a condition on holiday occupation would be included in any planning permission issued.
The recommendation to approve, as set out in the report, was outlined to the Committee.
The Chairman invited questions to the officers.
The Planning Manager was able to confirm that Farnham with Stratford St Andrew Parish Council had not objected to the previous application on the site. The Planning Manager read out the comments received from the Parish Clerk on 12 November 2019, which stated that the Parish Council did not have any material objections to the principle of converting the outbuildings to holiday lets. The comments shared concerns held by the Parish Council about the noise and traffic during the construction phase.
The Senior Planner confirmed that the new building would have two bathrooms. The replacement building would have a similar footprint to the building it was replacing and would be two storeys high.
The Committee was advised that the development would not have any impact on the barn, a non-designated heritage asset, beyond what had been implemented under the extant planning consent to make the barn a usable space.
The Senior Planner explained that the granary continued to act as an annexe building to the host dwelling, as permitted.
In response to a question regarding disabled access, the Senior Planner displayed again the proposed floor plans and highlighted the accessibility of the new building.
The Chairman invited Mr Elvin, agent for the applicant, to address the Committee.
Mr Elvin thanked the Senior Planner for a comprehensive report and for taking a logical approach to the application. Mr Elvin considered that the proposed development brought a number of benefits over the previous scheme and acknowledged that the application was before the Committee as it was contrary to policy SCLP6.5 of the Suffolk Coastal Local Plan.
Mr Elvin advised that the applicant had engaged with officers throughout the process of both applications including making formal pre-app submissions and revisions to the schemes. Mr Elvin highlighted that the pre-app guidance identified a replacement building as acceptable in principle; he detailed the comparison between the footprints of the existing and proposed buildings and considered the comments of Farnham with Stratford St Andrew Parish Council to be misleading.
The change in the location of the replacement dwelling was described by Mr Elvin as being to change the perception of the building when the site was viewed from the path and Low Road. Mr Elvin compared policy SCLP6.5 against the benefits of the fallback position of the site, the extant planning consent, the significant benefits the development would bring to the character and appearance of the site, the accessibility of the building and that the proposals accorded with all other local and national planning policies.
Mr Elvin concluded that the site was capable of accommodating the development, the proposals met the aims of the National Planning Policy Framework and would deliver high quality holiday accommodation in a contemporary architectural style. Mr Elvin considered that less weight should be given to policy SCLP6.5 given the benefits the development would bring.
There being no questions to Mr Elvin, the Chairman invited the Committee to debate the application that was before it.
Members of the Committee considered the proposals to be an improvement on the extant planning consent on the site and were in favour of the application.
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 Deacon it was by unanimous vote
RESOLVED
That the application be APPROVED, subject to conditions as outlined below.
1. The development hereby permitted shall be begun not later than the expiration of three years from the date of this permission.
Reason: This condition is imposed in accordance with Section 91 of the Town and Country Planning Act 1990 (as amended).
2. The development hereby permitted shall not be carried out other than in complete accordance with Drawing No's 1808-A3000 and 1818-A3001 received 29/09/2020, 1808- L0101-PP01, 1808-E-001-PP01, 1808-A- 000-PP01 and 1808-A-1001-PP01 received 06/08/2020.
Reason: For avoidance of doubt as to what has been considered and approved.
3. The construction of the new building shall not commence until details of the roof and wall materials to be used for the new holiday let, have been submitted to and approved by the local planning authority.
Reason: To ensure the satisfactory appearance of the development in the interest of visual amenity.
4. Development must be undertaken in accordance with the ecological avoidance, mitigation, compensation and enhancement measures identified within the Ecology Report (MHE Consulting, September 2019) 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.
5. No external lighting shall be installed on site unless a "lighting design strategy for biodiversity" has been 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.
Any 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.
6. The proposed development shall not in any circumstances commence unless the local planning authority has been provided with either:
a) details of a licence issued by Natural England pursuant to The Conservation of Habitats and Species Regulations 2017 (as amended) authorising the specified activity/development to go ahead;
or
b) a statement in writing from the relevant licensing body to the effect that it does not consider that the specified activity/development will require a licence.
Reason: To safeguard biodiversity and protected species in accordance with SP14 and DM27 of the Suffolk Coastal District Local Plan - Core Strategy and Development Management Development Plan Document (2013) and the National Planning Policy Framework (2012).
7. The premises herein referred to shall be used for holiday letting accommodation and for no other purpose (including any other purpose in Class C3 of the Schedule to the Town and Country Planning (Use Classes) Order 2020). The duration of occupation by any one person, or persons, of any of the holiday units shall not exceed a period of 56 days in total in any one calendar year, unless the Local Planning Authority agrees in writing to any variation.
The owners/operators of the holiday units hereby permitted shall maintain an up-to-date Register of all lettings, which shall include the names and addresses of all those persons occupying the units during each individual letting. The said Register shall be made available at all reasonable times to the Local Planning Authority.
Reason: To ensure that the development is occupied only as bona-fide holiday accommodation, having regard to the tourism objectives of the Local Plan and the fact that the site is outside any area where planning permission would normally be forthcoming for permanent residential development.
8. 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 ORMK004 consisting of the following components has been submitted to, and approved in writing by, the local planning authority:
a) 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).
b) 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;
- an 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: BS 10175:2011+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.
9. 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.
10. Prior to any occupation or use of the approved development the RMS approved under condition 2 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.
11. 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 any RMS approved in pursuance of conditions appended to this consent 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.
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 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.
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. 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