8
The Committee received report ES/1118 of the Head of Planning and Coastal Management, which related to planning application DC/20/5279/OUT.
The application sought outline planning permission with all matters reserved expect access, for a phased scheme for: the erection of up to 139 new homes, including provision of up to 46 affordable homes; land for a two-form entry primary school with pre-school; open space; sustainable urban drainage; meadow and informal path on land south of Gun Lane; and all associated infrastructure provision.
In accordance with the Scheme of Delegation set out in the East Suffolk Council Constitution, the Head of Planning & Coastal Management had requested that the application be determined by the Committee due to the scale of development and the wider public interest.
The Committee received a presentation from the Planner (Major Sites), who was the case officer for the application.
The site's location was outlined, and the Planner set out its relationship with the wider areas. The site was described as arable farmland and was bordered on the west to open countryside and to the east by High Road and existing properties. The Planner highlighted that the site was intersected by a restricted byway known as Gun Lane and a second Public Right of Way (PRoW), Footpath 4, crossed the northern corner of the site.
The Committee was shown photographs of the site demonstrating views looking north-west from High Road, looking south-east from High Road, looking north-west from within the site, looking north-east towards Reeve Lodge, looking south-east towards the allotments, looking west from Gun Lane, and looking north-east from Gun Lane.
The Planner explained that the site was allocated for development by policy SCLP12.65 of the Suffolk Coastal Local Plan (the Local Plan) and therefore the principle of development on the site was established. The Committee was provided with an aerial image of the site showing the allocated site in relation to the settlement boundary and its proximity to another site allocated for development by policy SCLP12.64 of the Local Plan. The Planner outlined the requirements of SCLP12.65.
The Committee was advised that although the quantity of up to 139 dwellings proposed was below the approximately 150 dwellings suggested in SCLP12.65, the density of 26.8 dwellings per hectare (dph) was higher compared to the policy provision of 23.5 dph and was broadly in accordance with the policy objectives and considered acceptable.
The Planner noted that of the 139 dwellings, 93 would be market homes and 46 would be affordable homes and at least 50% of all the new homes will be built to part M4(2) of the Building Regulations and in accordance with Policy SCLP5.8 of the Local Plan relating to housing mix. The proposed scheme would also provide 5% of new homes to be custom/self-build properties, in accordance with policy SCLP5.9 of the Local Plan.
The Planner advised Members that all plans submitted with the application were indicative as the application was for outline planning permission with all matters reserved except for access.
The Committee received indicative/illustrative plans relating to housing, affordable housing, self-build/custom build housing, parameter, the primary school and early years provision, open space, landscaping, and attenuation basins.
The Planner highlighted that the illustrative layout showed the primary school site within the western area of the application site which met specific policy requirements for the location of the new primary school and was considered acceptable in respect of an outline planning permission.
The Committee was advised that the proposed open space on the site far exceeded the requirement of 0.75 hectares, with 1.5 hectares of open space provided to the south of Gun Lane and further open space located in the north-west of the site. The public open space would be multi-functional greenspace for informal recreation, links to the wider countryside and provide biodiversity enhancements. The location of the open space adjacent to the existing play area at Goslings Way would also ensure that there was access to formal play opportunities.
The Planner highlighted that the provision of open green space to the south of Gun Lane also contributed to the separation of the two Trimley villages, along with planting alongside Gun Lane. The land reserved for school provision would also be bounded by new native species buffer planting. The Committee was informed that a landscape masterplan had been included which was anticipated to especially effective in moderating effects and contributing to the local landscape character.
It was confirmed that an Ecological Assessment had been undertaken; a preliminary appraisal was completed in 2018 and a further survey was undertaken in August 2020. The Planner said that the submitted material and additional amendments had been reviewed by the Council's Senior Ecologist who had not raised any objections subject to mitigation measures and appropriate conditions.
The site was identified as being in Flood Zone 1, where there is less than 0.1% annual probability of river or sea flooding. The Planner stated that the assessed flood risk from surface water was considered very low, although there were some areas highlighted as being at medium risk. The Flood Risk Assessment identified that the risk could be suitably managed by using the proposed sustainable features. The Lead Flood Authority had reviewed that application and had recommended approval subject to conditions.
The Committee was made aware that Anglian Water had confirmed there was adequate capacity to connect the development to the existing foul sewer running along High Road and be able to treat the anticipated flows.
The Planner noted that the Highways Authority had reviewed the proposals and recommended approval subject to conditions and financial provisions secured via a Section 106 Agreement. The proposed accessing arrangements for the external layout access roundabout layout were considered to be broadly acceptable and would be subject to a recommended planning condition with delivery via a Section 278 Agreement prior to first occupation. The Planner confirmed that the pedestrian and cycle access proposed was acceptable but considered that all pedestrian links should be upgraded where possible to cycle links. The Committee was advised that the applicant was working with the Highways Authority regarding resurfacing of Gun Lane as part of this.
It was highlighted that the site had been identified as having a very high archaeological potential and that whilst there were no grounds to consider refusal of permission to achieve preservation in situ of any important heritage assets, a planning condition would apply to record and advance understanding of the significance of any heritage asset before it was damaged or destroyed.
In respect of sustainable construction, the Planner said the proposed scheme should achieve higher energy efficiency standards that result in a 20% reduction in CO2 emissions below the Target CO2 Emission Rate set out in the Building Regulations and that the optional technical standard in terms of water efficiency should also be achieved.
The Planner outlined that the Council's Environmental Protection Team had formally reviewed the application and raised no objection subject to conditions.
The recommendation to delegate authority to approve the application to the Head of Planning and Coastal Management was outlined to the Committee.
The Acting Chairman invited questions to the officers.
The Planner outlined the indicative access points for the primary school site; the precise position of the access would be determined by a reserved matters application.
The Planner confirmed that no further concerns had been raised by Network Rail in respect of the neighbouring rail crossing, which had been upgraded and was now considered safe and secure.
The Committee was advised that a Section 106 Agreement would set the number of affordable dwellings, which would be required to be 33% of the total number approved by a reserved matters application.
Officers reiterated the comments of Anglian Water on sewerage, set out in the report, that the existing sewer could accommodate the site.
In response to questions relating to the transport assessments, officers advised that the Highways Authority had reviewed the submitted information in detail which had resulted in several recommended obligations for a Section 106 Agreement to ensure the development was adequate and supportable; this included a third-party transport assessment. The Planner said that the Highways Authority had given assurances on the quality of the transport assessments completed.
The Acting Chairman invited Mr Rob Snowling, representing the applicant, to address the Committee.
Mr Snowling said that the application sought to deliver a high-quality landscaping and design led scheme, including a new primary school. Mr Snowling advised that the scheme had been created through extensive consultation and engagement with all parties and had been amended to include significant public open space south of Gun Lane, in response to community feedback.
Mr Snowling highlighted that there would also be open space in the north-west of the site and there would be walking and cycling links between Footpath 4 and Gun Lane. The Committee was informed that hedgerow planting on the site would provide a net gain for biodiversity on the site.
It was outlined by Mr Snowling that there would be two main points of access for the school to allow pick up and drop off away from Howletts Way. Mr Snowling highlighted the benefits a new school would bring to the area.
Mr Snowling confirmed that a high proportion of dwellings would be custom build and the scheme would include accessible bungalows to meet the needs of older people. All dwellings would be built to fabric first standard and utilise both air source heat pumps and solar panels; Mr Snowling added that sustainable construction methods would be adopted and electric vehicle (EV) charging points would be installed.
Mr Snowling considered that the proposed development was of high quality, would benefit the area and be a long-lasting addition.
The Acting Chairman invited questions to Mr Snowling.
Mr Snowling confirmed that a traffic assessment had been undertaken to inform the transport assessment, which had been conducted prior to the COVID-19 pandemic. Census data had also been used to assess commuting levels and likely commuting routes. Mr Snowling was confident that a robust assessment had been undertaken.
Mr Snowling confirmed that should the application be approved it was anticipated that a reserved matters application would be submitted in late 2022 with a view to begin development of the site in 2024/25. Mr Snowling said that this would allow the new primary school to open for September 2025.
Mr Snowling outlined the archaeological surveys that had been undertaken on the site in accordance with the requirements of Suffolk County Council and confirmed that any artefacts found during development would be collected and preserved.
The Acting Chairman invited the Committee to debate the application that was before it.
Councillor Deacon expressed reservations about the impact of the development, along with other planned developments, on the traffic through the two Trimley villages, referring to the comments made by Councillor Richard Kerry as the Ward Member for the application site. Councillor Deacon said it was apparent that High Road was very busy and sympathised with the concerns made by the two parish councils, particularly the comments of Trimley St Mary Parish Council about local traffic choosing to use High Road to travel to Felixstowe rather than the A14.
Councillor Hedgley concurred with the concerns about the impact of traffic and was unconvinced by the modelling presented. Councillor Hedgley queried if the Highways Authority had plans on how to mitigate any issues.
There being no further debate the Acting Chairman sought a proposer and a 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 Daly, seconded by Councillor Blundell it was by a majority vote
RESOLVED
That AUTHORITY TO APPROVE the application be delegated to the Head of Planning and Coastal Management subject to agreement of conditions and the completion of a Section 106 Legal Agreement.
Section 106 Agreement – Draft Heads of Terms
The proposed Heads of Terms (pending agreement) are as follows:
- Provision of affordable housing at up to 33% of overall provision across a defined tenure mix to be agreed with the Council in accordance with Policy SCLP5.10
- Arrangements for the transition of the land identified for education use to Suffolk County Council for the purpose of the construction of a new primary school and associated pre-school, as well as respective financial contributions.
- Arrangements for management and maintenance of the public open space to be transferred to a management company.
- Financial contribution to mitigate in-combination effects on European designated sites in accordance with the Suffolk Recreational Avoidance and Mitigation Strategy.
- Financial contribution for a Travel Plan.
- Financial contribution to upgrade the nearest bus stops.
- Financial contribution to add into the service provision in the area would also help to make the site more viable by enabling increased links to Woodbridge/Martlesham as well as Ipswich & Felixstowe.
- Financial contribution for offsite mitigation: resurfacing Gun Lane (RB3) and in relation to Garrison Lane junction.
Conditions:
1. Application for approval of reserved matters shall be made not later than the expiration of three years beginning with 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.
2. This permission is an outline planning permission issued in accordance with the Town and Country Planning (General Development Procedure Order (2010)) and before work on the development is begun, approval of the details of the following, herein called the "reserved matters", shall be obtained from the local planning authority:
• The quantity, type and layout of buildings within the proposed development;
• The precise height, width and length of individual buildings;
• The appearance of buildings (including proposed materials);
• Access details within the site for vehicles, cycles and pedestrians; and
• Landscape and open space proposals.
Reason: As provided for in the Town and Country Planning (General Development Procedure Order (2010)) no such details having been given in the application.
3. Prior to the first application for approval of reserved matters and informed by the submitted indicative masterplan and its parameters, a Design Brief for the site be submitted and approved in writing. This shall include a set of Design Principles including:
a. the principles for determining the design, form, heights and general arrangement of external architectural features of buildings;
b. the principles of the hierarchy for roads, pedestrian and cycle routes and public spaces and arrangements for car parking;
c. the principles for the design of the public realm and green infrastructure;
The Design Brief shall include a two-dimensional layout drawing that shows:
a. the broad arrangement of development blocks including indications of active frontages;
b. density ranges;
c. maximum building heights;
d. character areas;
e. the location and general extent of public open space, including Play Areas;
f. existing landscape features to be retained; and
g. proposed structural planting.
Submissions for the approval of the reserved matters shall accord with the approved Design Brief.
Reason: To secure a high-quality design and layout of the development.
4. Prior to the submission of the first reserved matters application, a Self-Build Design Code shall be submitted to and approved in writing by the local planning authority. The Design Code shall explain its purpose, structure and status, and set out the mandatory and discretionary elements where it will apply, including who should use it and how to use it. It shall include a set of design principles as part of the wider design strategy:
Urban design principles
- views, vistas and focal points
- street and driveway surfaces
- public realm
- layout (including active frontages)
Building design and self-build/custom choice detail
- form of buildings
- plot design and layout
- building heights
- elevational principals
- materials and colours
- architectural features and key details
- sustainability
Parking and servicing
- quantum and arrangement of car parking
- location of bins and utilities
- cycle parking requirements
Landscaping
- surface materials
- location and extent of green infrastructure
- street furniture and lighting
- biodiversity
- structural planting
All subsequent reserved matter applications shall accord with the details of the approved design code and be accompanied by a statement that demonstrates compliance with the code.
Reason: To ensure high quality design and coordinated development in accordance with Policy SCLP11.1 (Design Quality) and to facilitate continuity through cumulative phases of development in accordance with Policy SCLP5.9 (Self Build and Custom Build Housing) of the East Suffolk Council – Suffolk Coastal Local Plan (2020).
5. Concurrent with the first reserved matters application, a phasing plan shall be submitted to and approved by the local planning authority. Thereafter the development shall be undertaken in accordance with the approved plan.
Reason: To ensure that the works are completed in an appropriate order.
6. Prior to the commencement of development, a scheme for the provision of fire hydrants shall be submitted to and approved by the local planning authority. The approved scheme shall be implemented in its entirety prior to the occupation of the building. It shall thereafter be retained and maintained in its improved form.
Reason: In the interests of the safety of the future occupants of the hereby approved development.
7. Prior to the commencement of development, the implementation of a programme of archaeological work shall be secured in accordance with a Written Scheme of Investigation, which has been submitted to and approved in writing by the local planning authority. The scheme of investigation shall include an assessment of significance and research questions;
and:
a. The programme and methodology of site investigation and recording
b. The programme for post investigation assessment
c. Provision to be made for analysis of the site investigation and recording
d. Provision to be made for publication and dissemination of the analysis and records of the site investigation
e. Provision to be made for archive deposition of the analysis and records of the site investigation
f. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.
g. The site investigation shall be completed prior to development, or in such other phased arrangement, as agreed and approved in writing by the local planning authority.
Reason: To safeguard archaeological assets within the approved development boundary from impacts relating to any groundworks associated with the development scheme and to ensure the proper and timely investigation, recording, reporting and presentation of archaeological assets affected by this development, in accordance with Policy SCLP11.7 of Suffolk Coastal Local Plan (2020) and the National Planning Policy Framework (2019).
8. No building shall be occupied until the site investigation and post investigation assessment has been completed, submitted to and approved in writing by the local planning authority, in accordance with the programme set out in the Written Scheme of Investigation approved under Condition 7 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 SCLP11.7 of Suffolk Coastal Local Plan (2020) and the National Planning Policy Framework (2019).
9. No other part of the development hereby permitted shall be occupied until the new access has been laid out and completed in all respects in broad accordance with drawing PL101 Rev A. Thereafter it shall be retained in its approved form.
Reason: To ensure the access is laid out and completed to an acceptable design in the interests of the safety of persons using the access and users of the highway.
10. No part of the development shall be commenced until details of the proposed off-site highway improvements indicatively shown on drawing PL101 Rev A have been submitted to and
approved in writing by the Local Planning Authority. The approved scheme shall be laid out
and constructed under section 278 in its entirety prior to occupation.
Reason: To ensure that the necessary highway improvements are designed and constructed to an appropriate specification and made available for use at an appropriate time in the interests of highway safety and sustainable travel.
11. Prior to commencement of development (including any demolition, ground works, site clearance or other operational works), a construction management plan shall be submitted to and approved in writing by the local planning authority. It shall include but is not limited to the following matters:
- parking and turning for vehicles of site personnel, operatives and visitors;
- provision of public car parking during construction;
- loading and unloading of plant and materials;
- piling techniques (if applicable);
- storage of plant and materials;
- provision and use of wheel washing facilities;
- programme of site and all associated works such as utilities including details of traffic management necessary to undertake these works;
- site working and delivery times;
- a communications plan to inform local residents of the program of works;
- provision of boundary hoarding and lighting;
- details of proposed means of dust suppression;
- details of measures to prevent mud from vehicles leaving the site during construction;
- haul routes for construction traffic on the highway network;
- monitoring and review mechanisms;
- details of delivery times to the site during construction phase;
- details of the measures to protect footpaths/cycleways from motorised vehicles accessing them;
and
- control of dust during construction (as per recommendations within the Air Quality Assessment)
Thereafter, the approved construction management plan shall be adhered to throughout the construction of the development.
Reason: In the interest of highway safety to avoid the hazard caused by mud on the highway, to ensure minimal adverse impact on the public highway during the construction phase, and to reduce the potential impacts of noise pollution and additional vehicular movements in this area during the construction phase of the development.
12. All noisy construction activities (i.e., those audible beyond the site boundary) should be restricted to the following hours to minimise the potential for nuisance:
- Monday - Friday: 07h30 – 18h00;
- Saturday: 08h00 – 13h00; and
- Sundays/Bank Holidays: No noisy working.
These restrictions also apply to deliveries/collections from site.
Reason: In the interests of amenity and the protection of the local environment.
13. Before the development is commenced, details of the estate roads and footpaths, (including layout, levels, gradients, surfacing, lighting, traffic calming and means of surface water drainage), shall be submitted to and approved in writing by the local planning authority.
Reason: In the interests of highway safety to ensure that roads/footways are constructed to an acceptable standard.
14. No development shall be commenced until an estate road phasing and completion plan has been submitted to and approved in writing by the local planning authority. The estate road phasing and completion plan shall set out the development phases and the standards of construction that the estate roads serving each phase of the development will be completed to and maintained at. Development shall only take place in accordance with the approved estate road phasing and completion plan.
Reason: In the interests of highway safety, to ensure that the estate roads serving the development are completed and thereafter maintained during the construction phase to an
acceptable standard.
15. Prior to the occupation of any dwelling details of the travel arrangements to and from the site for residents of the dwellings, in the form of a Travel Plan shall be submitted for the approval in writing by the local planning authority in consultation with the highway authority. The Travel Plan should be based on the submitted Framework Travel Plan (dated December 2020), comments in the Suffolk County Council Highways response (dated 22nd January 2021) and current national Travel Plan guidance, and also contain the following:
- Baseline travel data based upon the information provided in the submitted Transport Assessment, with suitable measures, objectives and targets to reduce the vehicular trips made by residents across the whole development, with suitable remedial measures identified to be implemented if these objectives and targets are not met.
- Appointment of a Travel Plan Coordinator to implement the Travel Plan in full and clearly identify their contact details in the Travel Plan.
- A suitable approach to monitoring the vehicular trips generated by residents in accordance with the Suffolk Travel Plan Guidance.
- A suitable approach to monitoring the Travel Plan annually on each anniversary of the approval of the Full Travel Plan and provide the outcome in a revised Travel Plan, or as agreed with the local planning authority in consultation with the highway authority, to be submitted to and approved in writing by the local planning authority for a minimum of five years using the same methodology as the baseline monitoring.
- A suitable marketing strategy to ensure that all residents on the site are engaged in the Travel Plan process.
- An indicative Travel Plan budget that demonstrates that the Travel Plan will be suitably funded.
- A copy of a resident’s travel pack that includes a multi-modal voucher to incentivise residents to use sustainable travel in the local area.
No dwelling within the site shall be occupied until the Travel Plan has been agreed. The approved measures within the Travel Plan shall be implemented in accordance with an agreed timetable (included within the plan) and shall thereafter be adhered to in accordance with the approved plan.
Reason: In the interest of sustainable development as set out in the National Planning Policy Framework and relevant local planning authority policies.
16. Concurrent with the first reserved matters application, details of the infrastructure to be provided for electric vehicle charging points 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: In the interests of sustainable travel provision and compliance with local plan sustainable transport policies.
17. Concurrent with the first reserved matters application(s) a surface water drainage scheme shall be submitted to, and approved in writing by, the local planning authority. The scheme shall be in accordance with the approved Flood Risk Assessment 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 events 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 rainfall event including climate change, 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 the maintenance and management of the surface water drainage scheme shall be submitted to and approved in writing by the local planning authority.
h. 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: Method statements, scaled and dimensioned plans and drawings detailing surface water management proposals to include:-
i. Temporary drainage systems
ii. Measures for managing pollution / water quality and protecting controlled waters and watercourses
iii. Measures for managing any on or offsite flood risk associated with construction 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.
https://www.suffolk.gov.uk/roads-and-transport/flooding-and-drainage/guidance-on-development-and-flood-risk/construction-surface-water-management-plan/.
18. Within 28 days of practical completion of the last dwelling or unit, a Sustainable Drainage System (SuDS) verification report shall be submitted to the local planning authority, detailing that the SuDS have been inspected, have been built and function in accordance with the approved designs and drawings. The report shall include details of all SuDS 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.
Reason: To ensure that the surface water drainage system has been built in accordance with the approved drawings and is fit to be put into operation and 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 required under s21 of the Flood and Water Management Act 2010 in order to enable the proper management of flood risk within the county of Suffolk https://www.suffolk.gov.uk/roads-and-transport/flooding-and-drainage/flood-risk-asset-register/.
19. Prior to commencement of the hereby approved development, a detailed sustainability and energy statement shall be submitted to and approved in writing by the local planning authority. The statement shall detail how the dwellings hereby permitted achieve current sustainability standards with regard to water, materials, energy, ecology and adaptation to climate change. Development shall be undertaken in accordance with the approved statement, unless otherwise approved in writing by the local planning authority.
Reason: To ensure a sustainable standard of design interest of addressing climate change to secure sustainable development in accordance with Policy SCLP9.2 of the East Suffolk Council – Suffolk Coastal Local Plan (2020).
20. Prior to first occupation of the hereby approved development, details of all measures that have been completed as stated in the sustainability and energy statement (approved under Condition 19), shall be submitted to and approved in writing by the local planning authority.
Reason: To ensure the finished development implements the approved sustainable measures to comply with Policy SCLP9.2 of the East Suffolk Council – Suffolk Coastal Local Plan (2020).
21. Prior to first occupation of the hereby approved development, evidence of energy performance and water efficiency standards shall be submitted to, and approved in writing by, the local planning authority.
The dwelling(s) within the hereby approved development should achieve the optional technical standard in terms of water efficiency of 110 litres/person/day, as measured in accordance with a methodology approved by Building Regulations Approved Document G.
Exceptions should only apply where they are expressed in the Building Regulations or where applicants can demonstrate, to the satisfaction of the Council, that it is not viable or feasible to meet the standards.
Reason: To ensure that the finished dwelling(s) comply with Policy SCLP9.2 of the East Suffolk Council – Suffolk Coastal Local Plan (2020) and to ensure Building Control Officers and Independent Building Inspectors are aware of the water efficiency standard for the dwelling(s).
22. An application for the approval of the reserved matters shall include provision for 50% of all dwellings to meet the Requirements of M4(2) (or M4(3)) of Part M of the Building Regulations for accessible and adaptable dwellings. Drawings and/ or documents shall list which units/ plots meet the M4(2) (or M4(3)) standards.
Reason: To ensure the development complies with Policy SCLP5.8 of the East Suffolk Council – Suffolk Coastal Local Plan (2020).
23. No development shall commence until 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 have been 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.
24. 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 five 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.
25. No development shall commence until there has been a management plan for maintenance of the associated landscaped areas and the open space, submitted to and approved in writing by the local planning authority. The maintenance plan should include, long term design objectives, management responsibilities and a scheme of maintenance for both the hard and soft landscaped areas for a period of 20 years. The management plan should include details of the arrangements for its implementation. The development shall be carried out in accordance with the approved management plan.
Reason: To ensure the access drive and landscaping areas are properly maintained in the interest of visual amenity.
26. None of the trees or hedges shown to be retained on the approved plan shall be lopped, topped, pruned, uprooted, felled, wilfully damaged or in any other way destroyed or removed without the prior written consent of the local planning authority. Any trees or hedges removed, dying, being severely damaged or becoming seriously diseased within five years of the completion of the development will be replaced during the first available planting season, with trees or hedges of a size and species, which shall previously have been agreed in writing by the local planning authority.
Reason: To safeguard the contribution to the character of the locality provided by the trees and hedgerow.
27. Development must be undertaken in accordance with the ecological avoidance, mitigation, compensation and enhancement measures identified within the Ecological Assessment (Hopkins Ecology, December 2020) and the Skylark Survey 2021 (Hopkins Ecology, August 2021) 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.
28. 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.
29. Commensurate with the first reserved matters application, a “lighting design strategy for biodiversity” for the development shall be 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.
All 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.
30. Commensurate with the first reserved matters submission, a landscape and ecological management plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority. The content of the LEMP shall include the following:
a. Description and evaluation of features to be managed.
b. Ecological trends and constraints on site that might influence management.
c. Aims and objectives of management.
d. Appropriate management options for achieving aims and objectives.
e. Prescriptions for management actions.
f. Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).
g. Details of the body or organisation responsible for implementation of the plan.
h. Ongoing monitoring and remedial measures.
The LEMP shall also include details of the legal and funding mechanism(s) by which the long term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details.
Reason: To ensure that the long-term ecological value of the site is maintained and enhanced. 31. Commensurate with the first reserved matters submission, an Ecological Enhancement Strategy, addressing how ecological enhancements will be achieved on site, will be submitted to and approved in writing by the local planning authority. Ecological enhancement measures will be delivered and retained in accordance with the approved Strategy.
Reason: To ensure that the development delivers ecological enhancements.
32. Commensurate with the first reserved matters submission, details of the mitigation measures identified by the Habitats Regulations Assessment process shall be submitted to and approved in writing by local planning authority. These shall include details of onsite public open space and walking route provision, connections to adjacent public rights of way, provision of dog waste bins and provision of signage and leaflets identifying walking routes away from European designated sites. All identified measures shall be implemented in accordance with the approved details.
Reason: To ensure that the measures necessary to mitigate recreational disturbance impacts on European designated sites are delivered.
33. If any phase of the development hereby approved does not commence (or, having commenced, is suspended for more than 12 months) within three years from the date of the planning consent, the approved ecological measures shall be reviewed and, where necessary, amended and updated. The review shall be informed by further ecological surveys commissioned to establish if there have been any changes in the presence and/or abundance of protected and/or UK Priority species present on the site, and identify any likely new ecological impacts that might arise from any changes.
Where the survey results indicate that changes have occurred that will result in ecological impacts not previously addressed in the approved scheme, the original approved ecological measures will be revised and new or amended measures, and a timetable for their implementation, will be submitted to and approved in writing by the local planning authority prior to the commencement of development. Works will then be carried out in accordance with the proposed new approved ecological measures and timetable.
Reason: To ensure that ecological receptors are adequately protected as part of the
development.
34. No development (including any construction, demolition, site clearance or removal of underground tanks and relic structures) approved by this planning permission, shall take place until a site investigation consisting of the following components has been submitted to, and approved in writing by, the local planning authority:
A Phase 2 intrusive investigation(s), to 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.
35. 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 local planning authority. 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.
36. Prior to any occupation or use of the approved development the RMS approved under Condition 35 must be completed in its entirety. The local planning authority 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.
37. A validation report must be submitted to and approved in writing by the local planning authority 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.
38. In the event that contamination which has not already been identified to the local planning authority is found or suspected on the site it must be reported in writing immediately to the local planning authority. 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 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.
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 (2019) and local plan to promote the delivery of sustainable development and to approach decision taking in a positive way.
2. It is recommended that a check of the buildings and vegetation for nesting birds is undertaken prior to work commencing. Nesting birds are protected by the Wildlife and Countryside Act (1981). It is therefore recommended that any works take place outside the nesting season. If birds are encountered advice should be sort from a suitably qualified ecologist on how best to proceed.
3. The applicant is advised that the proposed development will require approval under the Building Regulations. Any amendments to the hereby permitted scheme that may be necessary to comply with the Building Regulations must also be approved by the local planning authority in order that any planning implications arising from those amendments may be properly considered.
4. The applicant is advised that the granting of planning permission for the hereby approved development does not override any other legislation, private access rights or land ownership issues which may exist. The onus rests with the owner of the property to ensure they comply with all the necessary legislation (e.g. building regulations and acts relating to environmental protection) and it is the applicants/developers responsibility to ensure that comply with all the necessary legislative requirements, and obtain all the necessary consents/permits.
5. The applicant is advised that the proposed development is likely to require the naming of new street(s) and numbering of new properties/businesses within those streets and/or the numbering of new properties/businesses within an existing street. Contact the Property Information Team (01394 444261), which is responsible on behalf of the Council for the statutory street naming and numbering function.
6. This consent is also the subject of a Section 106 legal agreement which must be adhered to.
7. Anglian Water has assets close to or crossing this site or there are assets subject to an adoption agreement. Therefore, the site layout should take this into account and accommodate those assets within either prospectively adoptable highways or public open space. If this is not practicable then the sewers will need to be diverted at the developers cost under Section 185 of the Water Industry Act 1991. or, in the case of apparatus under an adoption agreement, liaise with the owners of the apparatus. It should be noted that the diversion works should normally be completed before development can commence.
8. Notification of intention to connect to the public sewer under S106 of the Water Industry Act Approval and consent will be required by Anglian Water, under the Water Industry Act 1991.
Contact Development Services Team 0345 606 6087.
9. Notification of intention to connect to the public sewer under S106 of the Water Industry Act Approval and consent will be required by Anglian Water, under the Water Industry Act 1991.
Contact Development Services Team 0345 606 6087.
10. Protection of existing assets - A public sewer is shown on record plans within the land identified for the proposed development. It appears that development proposals will affect existing public sewers. It is recommended that the applicant contacts Anglian Water Development Services Team for further advice on this matter. Building over existing public sewers will not be permitted (without agreement) from Anglian Water.
11. Building near to a public sewer - No building will be permitted within the statutory easement width of 3 metres from the pipeline without agreement from Anglian Water. Please contact Development Services Team on 0345 606 6087.
12. The developer should note that the site drainage details submitted have not been approved for the purposes of adoption. If the developer wishes to have the sewers included in a sewer adoption agreement with Anglian Water (under Sections 104 of the Water Industry Act 1991), they should contact our Development Services Team on 0345 606 6087 at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with Sewers for Adoption guide for developers, as supplemented by Anglian Water’s requirements.
13. Access to buildings for fire appliances and firefighters must meet with the requirements specified in Building Regulations Approved Document B, (Fire Safety), 2006 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 firefighting, 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, 2006 Edition, incorporating 2010 and 2013 amendments.
14. Suffolk Fire and Rescue Service recommends that fire hydrants be installed within this development on a suitable route for laying hose, i.e. avoiding obstructions. However, it is not possible, at this time, to determine the number of fire hydrants required for firefighting purposes. The requirement will be determined at the water planning stage when site plans have been submitted by the water companies.
15. Suffolk Fire and Rescue Service recommends 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).
16. 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.
17. 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 must be contacted on Tel: 0345 606 6171. For further information go to: https://www.suffolk.gov.uk/roads-and-transport/parking/apply-and-pay-for-a-dropped-kerb/ or: https://www.suffolk.gov.uk/planning-waste-and-environment/planning-and-development-advice/application-for-works-licence/ County Council drawings DM01 - DM14 are available from: https://www.suffolk.gov.uk/planning-waste-and-environment/planning-and-development-advice/standarddrawings/ 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.
18. 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. 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. For further information please visit: https://www.suffolk.gov.uk/planning-waste-and-environment/planning-and-development-advice/application-for-works-licence/.
19. The Local Planning Authority recommends that developers of housing estates should enter into formal agreements with the Highway Authority under Section 38 of the Highways Act 1980 in the interests of securing the satisfactory delivery, and long-term maintenance, of the new streets. For further information please visit: https://www.suffolk.gov.uk/planning- waste-and-environment/planning-and-development-advice/application-for-works-licence/ Please note that this development may be subject to the Advance Payment Code and the addition of non-statutory undertakers plant may render the land unadoptable by SCC Highways for example flogas and LPG.
20. Acceptance of the road layout by the highway authority during the planning process does not guarantee meeting the Section 38 of the Highways Act 1980 adoption criteria. It is recommended that the applicant refers to the current adoption criteria: https://www.suffolk.gov.uk/planning-waste-and-environment/planning-and-development-advice/.
21. Any works to a watercourse may require consent under section 23 of the Land Drainage Act 1991.
22. Any discharge to a watercourse or groundwater needs to comply with the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.
23. Any discharge of surface water to a watercourse that drains into an Internal Drainage Board district catchment may be is subject to payment of a surface water developer contribution.
24. Any works to lay new surface water drainage pipes underneath the public highway will need a licence under section 50 of the New Roads and Street Works Act.
25. Any works to a main river may require an environmental permit.
26. This planning permission contains condition precedent matters that must be discharged before the development approved is commenced, or any activities that are directly associated with it. If development commences without compliance with the relevant conditions(s) you will not be able to implement the planning permission & your development will be deemed unauthorised. An application under Section 73 of the Town & Country Planning Act 1990 will be required to amend the relevant condition(s) before development continues. You are strongly recommended to comply with all conditions that require action before the commencement of development.
27. The proposed development referred to in this planning permission is a chargeable development liable to pay Community Infrastructure Levy (CIL) under Part 11 of the Planning Act (2008) and the CIL Regulations (2010) (as amended).
Please note: the Council will issue a Liability Notice for the development once liability has been assumed. Liability must be assumed prior to the commencement of development.
Failure to comply with the correct process as detailed in the regulations may result in surcharges and enforcement action and the liable party will lose the right to pay by instalments. Full details of the process for the payment of CIL can be found at http://www.eastsuffolk.gov.uk/planning/community-infrastructure-levy/.
Following the conclusion of this item the Acting Chairman adjourned the meeting for a short break. The meeting adjourned at 3.52pm and reconvened at 4.02pm.