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The Committee received report ES/0682 of the Head of Planning and Coastal Management, which related to planning application DC/20/4198/OUT.
The application sought outline planning permission with all matters reserved for the demolition of the existing dwelling, Blackstock Cottage. The application also sought to secure the principle of redevelopment for a replacement dwelling on this site.
East Suffolk Council was both the applicant and also the owner of the application site. The application was therefore before the Committee for determination in accordance with the Scheme of Delegation, as set out in the East Suffolk Council Constitution.
The Committee received a presentation on the application from the Senior Planner, who was acting as the case officer for the application.
The Senior Planner referred to the update sheet, published on 22 February 2021, which provided results of a noise report; the report had concluded that even with the potential increased use of the railway line, should the Sizewell C development go ahead, any impact from railway noise could be mitigated through conditions.
The site's location was outlined. The Committee was shown an aerial photograph of the application site and another aerial image showing the wider area demonstrating the site's relationship with Campsea Ashe. The site was described as being isolated from the village.
Photographs of the existing dwelling and its proximity to the level crossing, views in and out of the site, the approach to the site from the west and the surrounding area were displayed to the Committee.
The existing block plan was displayed. The Committee also received the conceptual block plan.
The statement of design parameters was set out. The Senior Planner reminded the Committee that further detail would be approved through a reserved matters planning application, should outline planning permission be granted.
The material planning consideration was stated to be development in the countryside, particularly relating to policy SCLP5.3 of the Suffolk Coastal Local Plan and its statement on the 1:1 replacement of countryside dwellings.
The recommendation to approve the application, as set out in the report, was outlined to the Committee.
The Chairman invited questions to the officers.
A member of the Committee noted the comments of the Council's Environmental Services team in the report and expressed concern that the comments suggested the Sizewell C development was definitely going ahead, when the Development Consent Order had not been determined by the Secretary of State.
Planning Officers accepted the concerns of the Member and noted that the comments had been included in the report as they had been part of the application process and therefore in the public domain. The Planning Manager said this was an ongoing issue and that officers would be addressing this with the Environmental Services team.
It was confirmed that any detail pertaining to the replacement dwelling, including the use of any materials from the original dwelling, would be part of any reserved matters application.
The Senior Planner stated that the Council intended to sell on the development once completed.
There being no public speaking on the application, the Chairman invited the Committee to debate the application that was before it.
A member of the Committee repeated his concerns about the comments of the Council's Environmental Services team contained within the report, as the comments suggested that Sizewell C "will" go ahead rather than "may" go ahead. The Member was particularly concerned that this incorrect information could influence the decision made on the application.
The Planning Manager acknowledged the concerns and advised the Committee, as the determining body, could decide what weight should be given to these comments. The Planning Manager explained that officers had considered the comments and had reached the view that even if the Sizewell C Development Consent Order was approved, the application was still considered to be acceptable and officers had therefore recommended approval.
Another member of the Committee cited his own experience of living close to a railway line and considered that changes in trains meant there was less risk to structures adjacent to railways lines than in the past. The Member was also content that any noise issues arising from the railway line could be mitigated through conditions so that occupants would not be disturbed by passing trains.
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 Hedgley, seconded by Councillor Cooper it was by unanimous vote
RESOLVED
That the application be APPROVED subject to the following conditions:
1. Details relating to the layout, scale, appearance, access and landscaping of the site (the "reserved matters"), 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.
2. a) Application for approval of any reserved matters must be made within three years of the date of this outline permission and then
b) The development hereby permitted must be begun within either three years from the date of this outline permission or within two years from the final approval of the reserved matters, whichever is the later date.
Reason: To comply with section 92 of the Town and Country Planning Act 1990.
3. The development hereby permitted shall be begun on or before the expiration of two years from the final approval of the reserved matters, or, in the case of approval on different dates, the final approval of the last such reserved matter to be approved.
Reason: This condition is imposed in accordance with Section 92 of the Town and Country Planning Act 1990 (as amended).
4. The development hereby permitted shall be completed in all respects strictly in accordance with 6123-001 Site Plan and Statement of Design Parameters received 3rd November 2020, for which permission is hereby granted or which are subsequently submitted to and approved by the Local Planning Authority and in compliance with any conditions imposed by the Local Planning Authority.
Reason: For the avoidance of doubt as to what has been considered and approved.
5. Before the access is first used visibility splays shall be provided in accordance with details previously approved in writing by the Local Planning Authority and thereafter shall be retained in the approved form. Notwithstanding the provisions of Part 2 Class A of the Town & Country Planning (General Permitted Development) Order 1995 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. Before the development is occupied details of the areas to be provided for the 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 in accordance with Suffolk Guidance for Parking (2015) where on-street parking and manoeuvring would be detrimental to highway safety.
7. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority.
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.
8. Within 3 month(s) of commencement of development, precise details of a scheme of landscape works (which term shall include tree and shrub planting, grass, earthworks, driveway construction, parking areas patios, hard surfaces etc, and other operations as appropriate) at a scale not less than 1:200 shall be submitted to and approved in writing by the local planning authority.
Reason: To ensure that there is a well laid out landscaping scheme in the interest of visual amenity.
9. The approved landscaping scheme shall be implemented not later than the first planting season following commencement of the development (or within such extended period as the local planning authority may allow) and shall thereafter be retained and maintained for a period of 5 years. Any plant material removed, dying or becoming seriously damaged or diseased within five years of planting shall be replaced within the first available planting season and shall be retained and maintained.
Reason: To ensure the submission and implementation of a well-laid out scheme of landscaping in the interest of visual amenity.
10. Commensurate with the first reserved matters application, an Ecological Impact Assessment (EcIA) shall be submitted to and approved by the Local Planning Authority. The EcIA will include up to date ecological surveys of the site, assessment of the likely impacts of the proposed development on biodiversity, details of any mitigation and/or compensation measures necessary to address these impacts, and details of ecological enhancement measures to be incorporated into the development. The works shall be carried out strictly in accordance with the approved details and shall be retained in that manner thereafter.
Reason: To ensure that ecological receptors are adequately protected as part of the development.
11. Commensurate with the first reserved matters application full and specific details of measures to minimise water and energy consumption and to provide for recycling waste shall be submitted to and approved by the Local Planning Authority. Thereafter the approved measures shall be incorporated in to the hereby approved development in their entirety and be in place prior to the first occupation of the hereby approved dwelling.
Reason: To ensure appropriate sustainable construction measures are incorporated in to the scheme in the interests of mitigating against further climate change.
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
3. Our records indicate that this property is served by a Private Water Supply. It is unclear whether the development will involve a connection to the mains, or the existing private water supply. If the development involves connecting to an existing private water supply, or the creation of a new private water supply advice should be sought from the Environmental Protection Team prior to commencing works.
All works undertaken must comply with the Private Water Supplies Regulations 2016 (as amended).
4. Access to buildings for fire appliances and firefighters must meet with the requirements specified in Building Regulations Approved Document B, (Fire Safety), 2019 Edition, incorporating 2010 and 2013 amendments Volume 1 - Part B5, Section 11 dwelling houses, and, similarly, Volume 2, Part B5, Sections 16 and 17 in the case of buildings other than dwelling houses. These requirements may be satisfied with other equivalent standards relating to access for fire fighting, in which case those standards should be quoted in correspondence.
Suffolk Fire and Rescue Service also requires a minimum carrying capacity for hard standing for pumping/high reach appliances of 15/26 tonnes, not 12.5 tonnes as detailed in the Building Regulations 2000 Approved Document B, 2019 Edition, incorporating 2010 and 2013 amendments.
5. Suffolk Fire and Rescue Service records show that the nearest fire hydrant in this location is over 900m from the proposed build site and we therefore recommend that proper consideration be given to the potential life safety, economic, environmental and social benefits derived from the provision of an automatic fire sprinkler system. (Please see sprinkler information enclosed with this letter).
Consultation should be made with the Water Authorities to determine flow rates in all cases.
6. Protected species may be present at the site (bats, slow worms, newts). It is an offence to deliberately capture, injure or kill any such creature or to damage or destroy a breeding or resting place. A licence may need to be obtained from Natural England before any work is commenced, including demolition work, site clearance, timber treatment etc.
7. All bats are protected by the Wildlife & Countryside Act 1981 & the European Community Habitats Directive. It is an offence to disturb a bat when roosting or damage or destroy breeding sites or resting places.