6
The Committee received report ES/0852 of the Head of Planning and Coastal Management, which related to planning application DC/19/1141/OUT.
The application sought outline planning permission for the development of up to 220 dwellings with associated open space. Details of access had been submitted for approval whilst appearance, landscaping, layout and scale are reserved matters for future determination.
The East Suffolk Council (Waveney) Local Plan (March 2019) (the WLP) Policy WLP6.1 allocates 9.8 hectares of land west of Copperwheat Avenue, Reydon for the residential development of approximately 220 dwellings. However, the application site extended farther west to 12 hectares in total but included the entirety of the allocated land and did not exceed the recommended number of dwellings.
Given the scale of the development proposal and the site area extending beyond the allocation, the application was brought direct to the Committee for determination in March 2020, where the Committee resolved to delegate authority to approve the application to the Head of Planning and Coastal Management, subject to conditions.
Since that time, the Reydon Neighbourhood Plan (the RNP) had been formally made following referendum in May 2021. The RNP had become an adopted planning policy document, and thisrepresented a material change in the Development Plan, relevant to the application site, compared to the Development Plan at the time of the resolution to delegate authority to approve the application to the Head of Planning and Coastal Management (where the RNP was at a relatively early stage of the plan-making process and a material consideration of only limited weight).
This required that the application be brought back to Committee for consideration. The National Planning Policy Framework (NPPF) was also updated July 2021, which also represented a notable change to a key material consideration.
The Committee received a presentation from the Principal Planner, who was the case officer for the application.
The Principal Planner highlighted that the proposals remained unchanged from the application determined by the Committee in March 2020; the key change was the making of the RNP and that full weight now had to be given to it when determining the application.
The Committee's attention was drawn to the principal residence clause in the RNP, which sought to promote development in Reydon that would protect the community in a sensitive location. The RNP was described as a rounded policy document that supported the WLP and the Principal Planner highlighted that second home ownership was a significant issue in the area; the principal residence clause had been designed to ensure homes could be provided for local people.
The Principal Planner confirmed that a Section 106 agreement, to secure the necessary obligations as set out in section nine of the report, was in place and could be completed within the week should the application be approved.
The site's location was outlined, and it was highlighted that the site was allocated for development in the WLP. An aerial image of the site was displayed to provide context of the site in relation to the surrounding area. The Principal Planner noted that the site was well linked to local facilities.
Another map of the site was displayed that showed the site's relationship with two public rights of way. The main access to the site via Copperwheat Avenue and access via the Crescents was demonstrated.
Photographs of the site were displayed showing the proposed access from Copperwheat Avenue, proposed access from the Crescents and various views into the site.
The access and movement proposals for the site were displayed, which set out the parameters for site access for motor vehicles, cyclists and pedestrians. The Principal Planner highlighted where existing public rights of way would connect to the site at the south and west of the site. The map also displayed the areas within the site that would be developed and those areas that would remain undeveloped. The Principal Planner noted an existing play area to the north of the site that would be connected to the development.
Photographs of the proposed access to the site from Copperwheat Avenue and the Crescents were displayed and the Committee was supplied with the details of the vehicle access and off-site highways works associated with the application.
The Principal Planner advised the Committee of the landscape and visual impact assessment that had been undertaken by the applicant and noted how it had influenced the layout to minimise the impact on the Area of Outstanding Natural Beauty (AONB).
The development parameter map was displayed and the Principal Planner highlighted that a future Approval of Reserved Matters application would be required to confirm the exact details of the site layout. The Committee was advised that the parameter plan indicated the areas of the site to be developed, the access, the proposed drainage basin and the green space on the site.
The Principal Planner stated that the design access statement would need to be linked to any Approval of Reserved Matters application as it outlined key areas for future development; the Principal Planner considered that the design access statement ensured a high quality design at the reserved matters stage.
An indicative layout drawing was shown to the Committee; the Principal Planner was of the view that the layout proposed was positive and gave a good provision of green space.
The Committee was advised that it had taken longer than normal to finalise the Section 106 Agreement in order to secure plots on the site for the relocation of those losing their homes to coastal erosion at Easton Bavents, in order to meet the requirements of WLP6.1. This had been achieved and the relocation plots would be transferred to the Council at a cost of £1 in order to then be transferred to residents who wished to relocate as a result of coastal erosion.
The material planning considerations were summarised as:
- Principle of development;
- The 'made' Reydon Neighbourhood Plan;
- Access and connectivity;
- Landscape and visual impact;
- The design of the development;
- Residential amenity;
- Heritage considerations;
- Ecology and European sites;
- Affordable housing;
- Self build and coastal relocation opportunity;
- The public benefits of the development proposal; and
- The principal residence restriction (condition).
The recommendation to delegate authority to approve the application to the Head of Planning and Coastal Management, as set out in the report, was outlined to the Committee.
The Chairman invited questions to the officers.
The Principal Planner confirmed that Suffolk County Council, as the Highways Authority, was now content with the proposals and had withdrawn its holding objection.
The Committee was advised that in the first instance, the relocation plots would be offered to residents of Easton Bavents at risk of losing their homes to coastal erosion; the Principal Planner advised that if there was no interest from those residents, the relocation plots would be offered to residents at risk of losing their homes to coastal erosion from further afield.
If, after five years, these relocation plots were not taken up they could be sold for affordable housing development or the Council could choose to build its own affordable housing on the plots. The Principal Planner stressed that if the plots are not taken up for relocation, the Section 106 Agreement specified that the plots must be used for affordable housing and not open market housing.
The Chairman invited Councillor Roger Cracknell, representing Reydon Parish Council, to address the Committee.
Councillor Cracknell said that Reydon Parish Council (the Parish Council) strongly supported the application of policy RNP4 of the RNP, the principal residence restriction, to this application, as proposed by condition 37 of the recommendation. Councillor Cracknell considered that this would ensure that Reydon's community remained sustainable and would make community housing available to residents, and said that the Parish Council would work with the Council to monitor and enforce this restriction.
Councillor Cracknell said that the Parish Council was pleased that RNP4 had been taken into account in the Principal Planner's report and also referred to policy RNP1 of the RNP, which related to tenure mix. Councillor Cracknell noted that the table of affordable housing in the report suggested that this policy would be complied with and considered this to be another vital strategy to maintain community access to housing. Councillor Cracknell asked the Committee to ensure that this tenure mix was achieved via the Section 106 Agreement when it was submitted for approval.
Councillor Cracknell referred to several other policies in the RNP and acknowledged that some of these key details would be determined at the reserved matters stage, but urged the Committee to record its view on these matters at this time. Councillor Cracknell noted that the application site exceeded what had been allocated for development by WLP6.1 and encroached into the AONB, and acknowledged that this would allow for a landscaping scheme that would both enhance the development and create an environmentally and ecologically interface with the surrounding countryside; the Parish Council was therefore content with the proposed size of the development.
Councillor Cracknell asked the Committee to approve the application with the conditions recommended in the report.
There being no questions to Councillor Cracknell the Chairman invited Mr Paul Clarke, agent for the applicant, to address the Committee.
Mr Clarke highlighted the history of the planning application, including the allocation of the site in the WLP; the application before the Committee was submitted in March 2019 following the adoption of WLP by the former Waveney District Council.
Mr Clarke acknowledged the sensitive nature of the site and assured the Committee that the applicant had worked to the requirements of WLP6.1 when developing the proposals. Mr Clarke stated that half of the built form of the site would be either affordable homes, self-build plots or plots for the relocation of residents at risk of losing their homes to coastal erosion. Mr Clarke added that substantial areas of green infrastructure would be created by the development and that it would generate CIL for the community to use.
Mr Clarke considered that the development needed to be progressed after a significant delay and reiterated that his clients had adhered to the WLP and RNP to create a policy compliant proposal.
The Chairman invited questions to Mr Clarke.
In response to a question on the enforcement of the principal residence restriction condition, the Principal Planner noted that this was something new to the planning system and highlighted St Ives, Cornwall, as an example of its implementation. The Principal Planner said that the condition would allow the Council to obtain evidence from occupants that a dwelling was a principal residence, but could not promise that enforcement action would be taken in the event of the clause being breached. Mr Clarke added that his client did not see second homes being an issue on the site as it was designed as a large estate.
Mr Clarke advised that the applicant did not have a timescale for selling the development and suggested that based on market testing, it was likely to be a housing association that would take the development on. Mr Clarke confirmed that the applicant did not have a timescale for making an Approval of Reserved Matters application.
The Chairman invited further questions to the officers.
The Principal Planner advised that the condition for 40% affordable dwellings was worded as such to ensure that this ratio is met regardless of the final total of dwellings on the site, in order to be policy compliant.
The Chairman invited the Committee to debate the application that was before it.
Councillor Beavan considered that it would have been a bad idea to build houses in the AONB that would not be lived in and considered it positive that the principal residence restriction was being applied to this development. Councillor Beavan was of the view that this development could now move forward to the benefit of local people, as housing was sorely needed.
Councillor Beavan expressed some concern about potential flooding that could be caused on Wangford Road, as this was presently the only route in and out of Reydon that did not flood, along with some concerns about the effect of construction on local residents. Councillor Beavan considered that the sewage works proposed by Anglian Water were not practical and that the wider system needed to be considered. Councillor Beavan concluded his remarks and called for a new planning use class for converting homes to holiday lets, to provide greater control, and said that he supported the application.
Councillor Pitchers considered that all parties now appeared to be in agreement on the development and said he was in support of the application. Councillor Pitchers noted the difficulties that could be faced in enforcing the principal residence restriction.
There being no further debate, the Chairman sought a proposer and seconder for the recommendation to delegate authority to approve the application to the Head of Planning and Coastal Management, as set out in the report.
On the proposition of Councillor Pitchers, seconded by Councillor Beavan it was by a unanimous vote
RESOLVED
That AUTHORITY TO APPROVE the application be delegated to the Head of Planning and Coastal Management, subject to both the conditions below and the completion of a S106 Legal Agreement to secure the following obligations:
- Provision of 40% of the dwellings as affordable homes;
- Provision of seven plots as part of relocation offer for properties lost/at risk to coastal erosion;
- 5% of the residential development as self-build plots;
- Per-dwelling contribution to the Suffolk RAMS;
- Provision and long-term management of public open space;
- Financial contribution to fund secondary school transport;
- Financial contribution to fund improvement works to local bus stops;
- Travel Plan financial contribution; and
- Financial contribution to fund road safety engineering schemes at local accident cluster sites.
Conditions:
1. Approval of the details of the siting, design and external appearance of the buildings, and the landscaping of each phase (hereinafter called "the reserved matters") shall be obtained from the local planning authority in writing before any development is commenced on that phase. Development shall be carried out as approved.
Reason: This condition is imposed in accordance with Section 92 of the Town and Country Planning Act 1990.
2. Application for approval of the reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission.
The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.
Reason: This condition is imposed in accordance with Section 92 of the Town and Country Planning Act 1990.
3. Prior to the submission of the first reserved matters application(s) a site wide Phasing Plan shall be submitted to the local Planning Authority for approval. No development shall commence until such time as the site wide Phasing Plan has been approved in writing by the Local Planning Authority.
The site wide Phasing Plan shall include the sequence of providing the following elements:
a. All vehicular and pedestrian accesses; the primary estate roads; segregated footpaths and cycle ways; any temporary footpaths and access connections during the construction period; the on-site circular walking route of 1.4km; and the timings of such provision, with recognition of other conditions triggering access completion.
b. Residential development parcels, including numbers; housing type and tenure; location of self-build plots; and location of the 7no. plots to be set aside for properties lost to coastal erosion.
c. Surface water drainage features, SUDS and associated soft landscaping.
e. Accessible natural green space, structural landscape planting on the western edge of the site, and Local Equipped Play Area (LEAP).
f. Improvement works to the southern public footpath.
g. Ecological mitigation and enhancement measures.
The site wide Phasing Plan shall be implemented as approved.
Reason: To ensure that key elements of the approved development are delivered at the right time in the interests of securing a sustainable form of development.
4. Means of vehicular access into the site are hereby approved and shall be carried out in accordance with drawing number 1509 03/001 Rev B, received 12 June 2019; and the Movement and Access Parameter Plan (drawing number 18 050 02), received 27 November 2019.
Reason: To ensure that the site is served by safe and suitable vehicular accesses in the interests of highway safety and in accordance with the site allocation objectives of policy WLP6.1 of the Local Plan.
5. The submission of reserved matters applications pursuant to this outline application shall together provide for up to 220 dwellings and demonstrate substantial compliance with the Movement and Access Parameter Plan (drawing number 18 050 02); Land Use and Green Infrastructure Parameter Plan (drawing number 18 050 04); and Massing & Scale Parameter Plan (drawing number 18 050 03), all received 27 November 2019.
Reason: The site is located within the Suffolk Coast and Heaths Area of Outstanding Natural Beauty and therefore in order to secure high-quality design and properly mitigate landscape and visual impact, it is essential to establish development parameters to guide future reserved matters application, in accordance with the design and landscape objectives of Local Plan policies WLP8.29 (Design) and WLP8.35 (Landscape Character).
6. All reserved matters applications shall incorporate the relevant elements of the 'Shaping the Character' principles of section 5.4 of the Design Access Statement, demonstrating broad compliance with the design intent reflected on pages 48-49 (Farmland heritage); pages 50-
51 (Rural settlement); and pages 52-53 (Village edge) of the Design and Access Statement.
Each reserved matters application shall be accompanied by a statement demonstrating this.
Reason: To ensure that the master planning principles of this permission inform detailed designs and in the interests of delivering a distinctive, attractive and sustainable development with high quality design appropriate for the AONB.
7. As part of the reserved matters application(s) for layout and landscaping, plans and particulars of the pedestrian access points on the southern, western and northern site boundaries (if relevant to the relevant phase), as shown on the Movement and Access Parameter Plan (drawing no. 18 050 02), shall be submitted to and approved in writing by the Local Planning Authority. The details submitted shall include the following:
(a) the precise location of the pedestrian access points;
(b) the route of the pedestrian accesses and their integration into the development layout;
(c) details of any engineering works required to create the accesses; and
(d) the ground surface treatment of the accesses and any associated landscaping.
Development shall be carried out in accordance with the approved details and the pedestrian access points shall be completed and made available for use in accordance with the triggers approved in the site wide phasing plan under condition 3.
Reason: to ensure that the final development layout incorporates pedestrian connections to the existing public right of way network and residential environment in the interest of creating an integrated and sustainable development.
8. No dwelling shall be occupied until the opening has been formed on the northern site boundary to facilitate the delivery of the pedestrian connection into the existing play area at Barn Close. The completion of the pedestrian access point shall be in accordance with the details approved under condition 7 and the site wide phasing plan approved under condition 3.
Reason: connectivity between the site and the existing play area is a critical element of the proposals, as required by site allocation policy WLP6.1. In order to ensure the delivery of this pedestrian connection the opening must be formed at an early stage of the development.
9. No part of the development shall be commenced until full details of the proposed access and tie-in works shown on Drawing No. 1509 03/001 Rev B have been submitted to and approved in writing by the Local Planning Authority.
The approved access from Copperwheat Avenue shall be laid out and constructed in its entirety prior to occupation of the first dwelling. Both approved accesses (from Copperwheat Avenue, and The Crescents) shall be laid out and constructed in their entirety prior to occupation of the 101st dwelling.
Thereafter the accesses shall be retained in the approved form.
Reason: To ensure that the accesses are designed and constructed to an appropriate specification and made available for use at an appropriate time in the interests of highway safety. The condition is necessary in acknowledgment of the requirement for detailed, technical matters to be agreed through S278 Agreement with the Highways Authority.
10. No part of the development shall be commenced until full details of the proposed pedestrian crossing and other off-site highway improvements (including footway widening, crossing points and traffic calming) shown on Drawing No. 1509 03/001 Rev B, have been submitted to and approved in writing by the Local Planning Authority.
The approved scheme shall be laid out and constructed in its entirety prior to occupation of the first dwelling.
Reason: To ensure that the necessary improvements are designed and constructed to an appropriate specification and made available for use at an appropriate time in the interests of highway safety. The condition is necessary in acknowledgment of the requirement for detailed, technical matters to be agreed through S278 Agreement with the Highways Authority.
11. No part of the development shall be commenced until details of improvements (including widening of the useable width and surfacing) to Footpath 2 – to the south of the site, and also the section between the site and Wangford Road to the northeast - have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be laid out and constructed in its entirety in accordance with the trigger point identified in the approved phasing plan under condition 3.
Reason: To ensure that the necessary improvements are designed and constructed to an appropriate specification and made available for use at an appropriate time in the interests of sustainable travel and recreational benefit.
12. Prior to occupation of the 101st dwelling, Footpath 2 (within the southern section of the site, and also the section between the site and Wangford Road to the northeast) shall be converted to a public bridleway.
Reason: To ensure that the necessary legal requirements to enable sustainable travel are made available for use at an appropriate time of the development in the interests of sustainable travel and recreational benefit.
13. As part of each reserved matters application for layout, 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.
14. 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, unless otherwise approved in writing by the Local Planning Authority.
Reason: To ensure that satisfactory access is provided for the safety of residents and the public.
15. As part of each reserved matters application for layout, details of the areas to be provided for the loading, unloading, manoeuvring and parking of vehicles 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 unless otherwise approved by the Local Planning Authority.
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.
16. As part of each reserved matters applications for layout, a plan indicating the positions and design of secure covered and open cycle storage facilities shall be submitted to and approved in writing by the Local Planning Authority. The cycle storage facilities shall be provided prior to occupation of each respective residential unit. The development shall be carried out in accordance with the approved details.
Reason: In the interests of sustainable development to ensure that residential occupiers of the site have the ability to own, use and securely store cycles as a means of transport.
17. No development shall take place within a phase until the implementation of a programme of archaeological work has been secured for that phase, 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 Local Plan.
18. No building shall be occupied on a phase until the site investigation and post investigation assessment has been completed, submitted to and approved in writing by the Local Planning Authority for that phase, in accordance with the programme set out in the Written Scheme of Investigation approved under Condition 17 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 Local Plan.
19. Concurrent with the first reserved matters application(s) for a phase a surface water drainage scheme for that phase 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:
a. Dimensioned plans and drawings of the surface water drainage scheme;
b. 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;
c. 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 event including climate change as specified in the FRA;
d. 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;
e. 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;
f. Topographical plans depicting all exceedance flow paths 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;
g. 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:
i. Method statements, scaled and dimensioned plans and drawings detailing surface water management proposals to include:-
1. Temporary drainage systems
2. Measures for managing pollution / water quality and protecting controlled waters and watercourses
3. Measures for managing any on or offsite flood risk associated with construction h. Details of the maintenance, management and adoption of the surface water drainage scheme shall be submitted to and approved in writing by the local planning authority.
The scheme shall be fully implemented as approved.
Reasons: To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site for the lifetime of the development. To ensure the development does not cause increased flood risk, or pollution of watercourses or groundwater. To ensure clear arrangements are in place for ongoing operation and maintenance of the disposal of surface water drainage.
20. The development hereby permitted on a phase shall not be occupied until details of all Sustainable Urban 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 for that phase.
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
21. No development (including any construction, demolition, site clearance or removal of underground tanks and relic structures) for a phase approved by this planning permission, shall take place on that phase until a site investigation consisting of the following components has been submitted to, and approved in writing by, the local planning authority for that phase.
The intrusive investigation(s) shall include:
- 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.
22. No development (including any construction, demolition, site clearance or removal of underground tanks and relic structures) approved by this planning permission on a phase, shall take place on that phase until a detailed remediation method statement (RMS) has been submitted to, and approved in writing by, the LPA for that phase. 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.
23. Prior to any occupation or use of the approved development on a phase the RMS approved under condition 22 must be completed in its entirety for that phase. 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.
24. A validation report for a phase must be submitted to and approved in writing by the LPA prior to any occupation or use of the approved development on that phase. 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.
25. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) on a phase shall be carried out until the developer has submitted a remediation strategy to the Local Planning Authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the Local Planning Authority for that phase. The remediation strategy shall be implemented as approved.
Reason: To ensure that risks from land contamination are minimised, in the event that unexpected contamination is found.
26. No development shall take place, including any works of demolition on a phase, until a Construction Method Statement has been submitted to, and approved in writing by the local planning authority for that phase. The Statement shall provide for:
o the parking of vehicles of site operatives and visitors;
o loading and unloading of plant and materials;
o storage of plant and materials used in constructing the development;
o the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;
o wheel washing facilities;
o measures to control the emission of dust and dirt during construction;
o a scheme for recycling/disposing of waste resulting from demolition and construction works; and
o 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.
27. With the exception of any site clearance works, site investigation works and tree protection works no development in relation to each phase 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 approved in writing by the local planning authority.
Reason: In accordance with the minerals safeguarding objectives of Local Plan Policy WLP6.1 and Paragraph 204 of the NPPF.
28. As part of each reserved matters application for landscaping, a plan indicating the positions, design, height, materials and type of boundary treatment to be erected shall be submitted to and agreed by the Local Planning Authority. The boundary treatment shall be completed in accordance with the approved scheme before the building to which it relates is occupied.
Reason: In the interests of amenity and the appearance of the development and locality.
29. As part of each reserved matters application for layout and landscaping, details shall be submitted to include:
(a) a plan showing the location of, and allocating a reference number to, each existing tree on, or adjacent to, the site which has a stem with a diameter, measured over the bark at a point 1.5 metres above ground level, exceeding 75 mm, showing which trees are to be retained and the crown spread of each retained tree;
(b) details of the species, diameter (measured in accordance with paragraph (a) above), and the approximate height, and an assessment of the general state of health and stability, details of each retained tree and of each tree which is on land adjacent to the site and to which paragraphs (c) and (d) below apply;
(c) details of any proposed topping or lopping of any retained tree, or of any tree on land adjacent to the site;
(d) details of any proposed alterations in existing ground levels, and of the position of any proposed excavation, [within the crown spread of any retained tree or of any tree on land adjacent to the site] [within a distance from any retained tree, or any tree on land adjacent to the site, equivalent to half the height of that tree];
(e) details of the specification and position of fencing [and of any other measures to be taken] for the protection of any retained tree from damage before or during the course of development.
In this condition "retained tree" means an existing tree which is to be retained in accordance with the plan referred to in paragraph (a) above.
The details provided shall be in accordance with the standards set out in 'BS5837:2012 - Trees in Relation to Design, Demolition and Construction' (or the relevant professional standards should the guidance be updated/modified/superseded).
Reason: to ensure that the detailed design retains important trees on the edges of the development site and incorporates existing and new planting into the development layout.
30. As part of each reserved matters application for appearance, details of all external facing and roofing materials for all buildings within that reserved matters area shall be submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason: To ensure the satisfactory external appearance of the development.
31. As part of reserved matters applications for appearance, layout and scale, details shall be submitted to the Local Planning Authority for approval demonstrating how 40% of the proposed dwellings shall be designed to meet requirement M4(2) of Part M of the Building Regulations for accessible and adaptable dwellings. The development shall thereafter be carried out in accordance with the approved details unless otherwise approved in writing by the Local Planning Authority.
Reason: in accordance with the lifetime design objectives of policy WLP8.31 of the East Suffolk (Waveney) Local Plan.
32. As part of reserved matters applications for appearance, layout and scale, details shall be submitted to the Local Planning Authority through the submission of a sustainability statement which demonstrates that Sustainable Construction methods have been incorporated into the development proposal. The development shall thereafter be carried out in accordance with the approved details unless otherwise approved in writing by the Local Planning Authority.
Reason: in accordance with the sustainable construction objectives of policy WLP8.28 of the East Suffolk (Waveney) Local Plan.
33. As part of each layout reserved matters application, details of external lighting to be installed on the site, including the design and specification of the lighting unit, any supporting structure and the extent of the area to be illuminated and how the impact on ecology has been considered shall be submitted to and approved in writing by the Local Planning Authority. The external lighting shall be installed in accordance with the approved details and no additional lighting shall be installed in public areas without the prior approval of the Local Planning Authority.
Reason: To protect biodiversity and the visual amenity of the surrounding area.
34. The mitigation and enhancement measures outlined on pages 16 to 18 of the Ecology Assessment report (Hopkins Ecology, February 2019) shall be implemented in full unless otherwise approved in writing by the Local Planning Authority.
Reason: in accordance with the biodiversity and geodiversity objectives of policy WLP8.34 of the East Suffolk (Waveney) Local Plan 2019.
35. As part of each reserved matters application(s) for landscaping, layout, appearance and scale, the following ecological plans shall be submitted to the Local Planning Authority for approval:
o a Construction Environment Management Plan (CEMP) detailing construction mitigation measures; and
o an Ecology Management Plan (EMP) detailing operational mitigation, management and enhancement measures as part of the final detailed design.
Development shall be carried out in accordance with the approved details unless otherwise approved in writing.
Reason: to mitigate construction impacts and ensure long term biodiversity enhancements in accordance with the objectives of policy WLP8.34 of the East Suffolk (Waveney) Local Plan 2019.
36. No development shall take place in each layout reserved matters area until a scheme for the installation of fire hydrants throughout that part of the site has been submitted to and approved in writing by the Local Planning Authority in conjunction with the Fire and Rescue Service. The fire hydrants shall be installed prior to occupation of dwellings within each part of the development to which they relate, and the phasing of occupation and hydrant installation of that reserved matters area shall be set out in the submission.
Reason: In the interests of fire safety.
37. The dwellings (including any flats and apartments) hereby permitted shall not be occupied otherwise than by a person as their only or Principal Residence. For the avoidance of doubt, the dwelling shall not be occupied as a second home or holiday letting accommodation. The Occupant of each dwelling will supply to the Local Planning Authority (within 28 days of the Local Planning Authority's written request to do so) such information as the Authority may reasonably require in order to determine whether this condition is being complied with.
Reason: in accordance with the requirements of Reydon Neighbourhood Plan Policy RNP4.
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. Informative from Suffolk County Council Archaeological Service:
The submitted scheme of archaeological investigation shall be in accordance with a brief procured beforehand by the developer from Suffolk County Council Archaeological Service, Conservation Team. I would be pleased to offer guidance on the archaeological work required and, in our role as advisor to East Suffolk Council, the Conservation Team of SCC Archaeological Service will, on request of the applicant, provide a specification for the archaeological work required at this site. In this case, an archaeological evaluation will be required to establish the potential of the site, before approval of layout and drainage under reserved matters, and decisions on the need for any further investigation (excavation before any groundworks commence and/or monitoring during groundworks) will be made on the basis of the results of the evaluation. We would strongly advise that evaluation is undertaken at the earliest opportunity.
Further details on our advisory services and charges can be found on our website: http://www.suffolk.gov.uk/archaeology.
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 works within the public highway will be required to be designed and constructed in accordance with the County Council's specification.
The applicant will also be required to enter into a legal agreement under the provisions of Section 278 of the Highways Act 1980 relating to the construction and subsequent adoption of the highway improvements. Amongst other things the Agreement will cover the specification of the highway works, safety audit procedures, construction and supervision and inspection of the works, bonding arrangements, indemnity of the County Council regarding noise insulation and land compensation claims, commuted sums, and changes to the existing street lighting and signing.
The Local Planning Authority recommends that developers of housing estates should enter into formal agreement with the Highway Authority under Section 38 of the Highways Act 1980 relating to the construction and subsequent adoption of Estate Roads.