8
The Committee received report ES/1070 of the Head of Planning and Coastal Management, which related to planning application DC/21/1322/ARM.
The application was a reserved matters submission which presented scheme details relating to layout, scale, appearance and landscaping, in respect of an outline aspect of an approved hybrid application - DC/16/2778/OUT – for the demolition of existing buildings and the phased construction of up to 385 dwellings, including associated infrastructure, new public open space and a new link road and linear park between Walton High Street and Candlet Road.
In accordance with the Scheme of Delegation, set out in the East Suffolk Council Constitution, the Head of Planning and Coastal Management had requested that the decision be made by the Committee due to the significance of public interest in the proposal.
The Committee received a presentation from the Planner, who was the case officer for the application. The site's location was outlined, and the Committee was advised on how the application site related to its surroundings and its topography.
The Planner outlined that a number of listed buildings were located along the southern extent of the site including the Grade II* Walton Hall. A public footpath (Footpath 28) crossed the site in a north/south direction between Walton High Street and Candlet Road, continuing north and connecting with the wider public rights of way network.
The Committee was shown photographs of the site detailing views of the site from Walton High Street to the north, views along Walton High Street at the site boundary, the site's relationship with the A14 (Dock Spur Road), views west towards the site, access to the former rifle range that comprised part of the site, and views to the south towards open space opposite the site.
The Planner outlined the planning history on the application site, including the outline planning permission granted and the relevant applications to discharge planning conditions. The Committee was advised that the applicant had made a duplicate reserved matters application, which they had confirmed would be withdrawn upon approval of the application before the Committee.
The material planning considerations were summarised as:
- The principle of development established at the outline stage
- The design quality, residential amenity and heritage
- The housing provision and mix (including affordable housing)
- Highways: parking provision and standards
- Sustainable construction
- Flood risk and sustainable drainage
- Landscape and open space
- Environmental quality: air quality, noise, land contamination
The Planner noted that the current Suffolk Coastal Local Plan (2020) had been adopted between the approval of the outline planning permission and the application before the Committee; she advised that whilst the adopted Local Plan was entirely relevant to the determination of the application it needed to be acknowledged that there were parameters and limitations in the scope of what could be achieved, based on elements consented or fixed within the outline planning permission.
The Committee was shown the indicative masterplan that had been submitted as part of the application for outline planning permission.
The Planner summarised the history of the design brief and the progression of the design iterations, in consultation with the Council's Design & Conservation Officer. The Planner advised that the submitted information illustrated that the proposed development would come forward with a high-quality design, which would accord with the NPPF and policy SCLP11.1 of the Local Plan. Conditions were included in the recommendation to secure layout and design features.
The Committee was shown an image of the proposed layout for the site along with the materials plan, boundary treatment plan, hard surfaces plan, residential height and massing plan, and character area plan.
The Planner displayed drawings of the street scenes which outlined the different areas in the character area plan, showing how these areas would fit together across the site. The Committee was also shown computer-generated images of the proposed development.
The Committee was advised that the Council's Housing Officer had reviewed the application and had confirmed that the proposed housing mix and affordable housing provision met policy requirements, and that M4(2) requirements would be secured by condition.
The Planner summarised the issues relating to parking provision and standards and confirmed that the site layout had been reviewed and redesigned, as per the request of the Highways Authority, to ensure that the development provided sufficient parking levels and highway design.
The Committee was shown the movement and accessibility plan and the parking and cycling strategy.
The Committee was provided details of the Energy Strategy Statements and Water Use Calculator submitted as part of the application, which incorporated a range of measures to meet the requirements of policy SCLP9.2 of the Local Plan; the applicant had advised officers that this would contribute to the development achieving a 31% reduction in carbon emissions and energy demand. The Planner confirmed that these measures would be secured by condition.
The Planner stated that following extensive consultation with the lead local flood authority and subsequent site-wide revisions, the site wide drainage strategy was considered acceptable.
It was noted that the landscape and open space proposed built upon the indicative landscaping detail set out in the hybrid planning permission and would deliver a range of green infrastructure and publicly open space, including a green gap on the frontage to the site to preserve the setting of existing buildings, together with new planning. The Planner advised that Natural England had not objected to the application subject to the adequate mitigation measures being secured.
The Landscape Elements Plan and Open Spaces Plan were displayed to the Committee and the Planner highlighted key information within the documents.
The Planner summarised that the Council's Environmental Protection Officer was satisfied that the original transport assessment that accompanied the outlined planning consent (dated 2016) could still be relied upon in terms of future road traffic predictions and that a new assessment was not needed. The Planner outlined the mitigation measures proposed, which would be secured by conditions.
It was confirmed that the air quality concerns regarding assessment of air quality associated with development had been resolved and the previously accepted air quality assessment remained valid. The Planner said that should future concerns arise regarding air quality in the area, the Council's Environmental Protection Team may monitor and assess air quality under other statutory provisions and duties related to local air quality management.
The Planner noted that, unfortunately, land contamination had not been captured in the outline planning consent in the form of any conditions but that the applicant and their consultants had worked closely with officers to meet expected procedures/steps of the investigation of the site and the development of a Remediation Method Statement with a view to ensuring that the site would be suitable for development.
The Committee was advised that as set out and incorporated in the Section 106 Agreement a pre-school land plan was required to be submitted to and approved by Suffolk County Council before the commencement of development. Suffolk County Council had confirmed acceptance of the siting of area secured for an early years facility subject to a condition that secured pre-development works. The Committee was also shown a drawing outlining the site allocated for the early years facility within the wider application site.
The Planner summarised the conclusion of her presentation and outlined the recommendation to delegate authority to approve the application to the Head of Planning and Coastal Management, subject to the agreement of conditions and an upfront payment of RAMS.
The Chairman invited questions to the officers.
The Committee was shown the location of affordable housing units within the site; the units were to be located within the northern quarter of the site, along with clusters of units in the southern section of the site. Other affordable units would be located in the flat schemes along the linear road.
The Planner confirmed that the consultation response from Anglian Water stated that the site would be connected to the existing sewer network.
The Planner reiterated that the Council's Environmental Protection Team may monitor and assess air quality under other statutory provisions and duties related to local air quality management. The Planning Manager (Development Management) added that the principle of development had been established by the outline planning consent and that the effects and mitigation would have been considered at this stage, and that it was not necessary for them to be considered as part of the current application. The Planning Manager noted that a cumulative assessment would be needed for the area and any future developments would need to consider the impact on this development, if approved.
The Planner stated that officers had been assured by the Council's Environmental Protection Team that through planned remediation, the early years facility could be delivered satisfactorily without land contamination issues on the site of the former rifle range.
The location of the footpath from Candlet Road to Walton High Street was confirmed.
The Planner confirmed that the current application was to be determined against the current Suffolk Coastal Local Plan, adopted in 2020, and that the outline planning consent had been determined against the former Suffolk Coastal Local Plan that had been in place at that time.
The total amount of open space was stated to be 2.28 hectares.
The Planner highlighted the spread of open space across the application site and confirmed the area at the south of the site had been indicated in the outline application.
In response to a question on the size of the clusters of affordable housing, the Planner suggested that this question could be best answered by the applicant and their representatives. The Planner stated that the Council's Housing Officer was satisfied with the spread of affordable housing units across the site.
The Chairman invited Ms Haseman, who objected to the application, to address the Committee.
Ms Haseman expressed concern that highway changes were required to accommodate the proposed housing and outlined the significant loss of parking on Walton High Street as a result of the various crossings and bus stops that would form part of these changes.
Ms Haseman considered that the crossings and bus stops were either not located in the right places or not required due to existing provision and that it appeared the changes resulted in either a change or a loss of the existing cycle routes both towards Ipswich and Felixstowe. Ms Haseman stated that the majority of pedestrian traffic was on the south footpath of Walton High Street. Ms Haseman was also concerned about the impact on privacy by double-decker buses stopping at the new bus stops.
Ms Haseman said that the scheme did not accord with the Local Plan's policies on sustainable transport and would create conflict with the existing transport network in an area already chaotic with school traffic.
The Chairman invited questions to Ms Haseman.
Ms Haseman concurred with a member of the Committee that parking was already an acute issue in the area, especially during peak times for school traffic.
The Chairman invited Councillor Smith, representing Felixstowe Town Council, to address the Committee.
Councillor Smith confirmed that the communication he had circulated to members of the Committee ahead of the meeting reflected the views of Felixstowe Town Council.
Councillor Smith noted that despite several meetings with the landowner and developer Felixstowe Town Council remained opposed to the application, acknowledging that some of the mitigation proposed did address some of its previous concerns. Councillor Smith said that the Town Council was not opposed to new housing but was of the view that development should be considered in a more holistic way.
Councillor Smith expressed concerns about the proposed open space, particularly in relation to the proposed linear park, which would result in less usable open space. Councillor Smith said that the Town Council considered this to be contrary to Local Plan policies on open space and was concerned about the proximity of some parcels of open space, including those containing trim trails and a play area, to the spine road within the site and a strategic cycleway.
Councillor Smith said that the Town Council was of the view that there should be more one and two-bedroom properties to allow for downsizing and that the affordable housing should be fully integrated with the site and tenure blind. Councillor Smith cited the comments of the Council's Housing Officer about the positioning of the affordable housing not being policy compliant.
Councillor Smith noted that although Felixstowe Town Council welcomed the cycling and walking linkage to Walton High Street, this should be of greater width.
Councillor Smith concluded that Felixstowe Town Council considered there to be sufficient material planning reasons for the application to be refused by the Committee.
The Chairman invited questions to Councillor Smith.
Councillor Smith confirmed that Felixstowe Town Council was recommending refusal of the application as it was contrary to planning policies regarding both open space and the clustering of affordable housing.
The Chairman invited Mr Clarke, representing Bloor Homes (the applicant), to address the Committee. Mr Clarke was accompanied by Mr Lee (Technical Manager, Bloor Homes) and Mr Bailey (agent for the applicant).
Mr Clarke noted that the outline planning consent had established the principle of development on the site and that the design brief for the size and location of the open space had been agreed. Mr Clarke highlighted that the application was for 19 units fewer than what had been approved at the outline stage.
Mr Clarke outlined that the design brief set out the different character areas within the site, including details on height and massing and construction materials. Mr Clarke said that the approach across the site had been agreed by officers, noting that the application had been submitted in April 2021 and that significant work had been undertaken to reach the proposals now in front of the Committee for determination.
Mr Clarke confirmed that the technical approvals and legal agreements were in place for the proposed southern roundabout, which although not the preferred option had been considered by officers to be an acceptable approach. Mr Clarke considered that the numerous meetings between Bloor Homes and officers showed the former's willingness to address issues on the site.
The Chairman invited questions to Mr Clarke, Mr Lee and Mr Bailey.
In response to a question on if it had been necessary to completely remove the trees at the site's border with Candlet Road, Mr Clarke explained that the trees had been removed as part of the works secured by the Section 278 Agreement and had been located within land owned by the Highways Authority; Mr Clarke confirmed that once the works were completed replanting would take place as it was important that the entrance to the site was as good as it could be.
Mr Clarke confirmed that the Section 106 Agreement contained triggers that the Candlet Road entrance will not be used until the first 100 houses were occupied and that the link road would be opened when 150 houses had been occupied. Mr Clarke said it was intended to begin development at the southern end of the site where highways works could already be undertaken, noting issues with agreements at the northern end of the site with another developer.
Mr Clarke detailed the number of affordable housing units in each cluster and confirmed that Bloor Homes was comfortable with the spread proposed.
In response to question on a lack of a specific recreation area, Mr Clarke explained that the linear park proposed was broadly in excess of the open space indicated in the outline application and provided a variety of spaces. Mr Clarke said that this approach had been encouraged by Natural England and other consultees to provide a linear/walking route type of facility. Mr Clarke acknowledged that this resulted in a lack of a dedicated recreation/sports space but considered there would be transport links to other such sites in the local area.
Mr Clarke confirmed that the land reclaimed as a result of fewer dwellings had become part of the open space proposed on the site.
Mr Clarke advised that a pre-application enquiry had been made to Anglian Water in June 2020 which had concluded there was capacity in the existing sewer network to accommodate the development, based on 385 dwellings.
Mr Clarke advised that electric vehicle (EV) charging points would be provided as part of the upcoming changes to Part S of the Building Regulations; Mr Clarke noted the upcoming changes to Part L of the Building Regulations relating heating and considered that there would be a mixture of air source heat pumps and natural gas, with the latter being provided with hydrogen conversion kits.
The Planning Manager noted that the outline planning consent fixed certain parameters, such as the open space, which this application had to adhere to. The Planning Manager highlighted that other developments in the area would provide considerable open space for sports.
The Chairman invited the Committee to debate the application that was before it.
Several members of the Committee highlighted concerns about access to the site, the location of affordable housing units and the diffusion of open space through the linear park concept. Councillor Blundell considered that there should be a larger area of open space for recreational activities on the site, stating that parents were unlikely to want to travel the significant distance to recreational areas north of Candlet Road. Councillor Blundell was also concerned about the installation of another roundabout so close to the Dock Spur roundabout.
Councillor Deacon spoke at length on the application, noting his previous opposition to its development on Grade 1 agricultural land. Councillor Deacon accepted that the site would be developed but wanted the best outcome for residents, which he considered that the proposed development would not achieve. Councillor Deacon expressed concern about the construction access arrangements being through Walton High Street, next to a busy school and routing construction traffic through Walton or the Trimley villages which would cause maximum disruption to road users and residents.
Councillor Deacon was also disappointed with the apparent clustering of affordable housing units in the noisiest area of the site and said that he hoped their design would be tenure blind. Councillor Deacon added that there was a need for more smaller units, like bungalows, on the site and not the quantity of three-bedroom homes proposed. Councillor Deacon was surprised that given the greenfield nature of the site there was not a greater push for sustainable heating solutions, noting that a local housing association had retrofitted its properties to benefit from a community ground source heat pump system.
Councillor Deacon also raised concerns about road safety, parking and air quality, and questioned if there was sufficient capacity in the existing sewer network to accommodate the development; he cited that it was an older system that already suffered from several issues, including a pump on the junction of Walton High Street and King Street which regularly failed. Councillor Deacon noted other areas were prone to flooding at an increasing rate. Councillor Deacon said he could not support the application.
Councillor Yule was unhappy with the design and proposed character features and was of the view that the site would look dated; she said she would be voting against approving the application.
Councillor Cooper urged caution on refusing the application without material planning considerations; he said that he was unable to see there were any such reasons to refuse this application and that should the Committee refuse the application it needed to provide planning reasons for doing so.
The Planning Manager reiterated to the Committee that certain parameters of the development were controlled by the outline planning consent and could not be altered by this application. In response to the concerns raised about the location of affordable housing units, particularly those located in the north-west of the site, the Planning Manager explained that the units had been designed as identifiable but cohesive groups, which provided two blocks that a housing association could take on and manage successfully. The blocks had been designed as inward facing cul-de-sacs surrounded by open market housing.
Councillor Bird stated that despite his concerns over public space and housing mix, he considered that the benefits of the scheme outweighed the harm it would cause. Councillor Bird highlighted that the principle of development had been established by the outline consent and that various Council officers were confident that the various aspects of the scheme discussed during debate were policy compliant. Councillor Bird was of the view that there were no material planning grounds sufficient to refuse the application and said he would be supporting its approval.
Councillor Newton echoed comments made during debate regarding the provision of open space but concurred with Councillor Bird's view that there were no material planning grounds sufficient to refuse the application.
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 Cooper, seconded by Councillor Bird 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 with the applicant (this may be confirmed in the committee update sheet) and an upfront payment of RAMS under Section
111 of the Local Government Act 1972.
Conditions:
1. The development hereby permitted shall not be carried out other than in complete
accordance with the following:
- P20-0602_01-11 Site Location Plan
• P20-0602_09S Planning Layout
• P20-0602_01-03C Site Masterplan
• P20-0602_01-02E Character Areas Plan
• P20-0602_01-04H Residential Heights and Massing Plan
• P20-0602_01-05D Urban Design Principles Plan
• P20-0602_04C Design brief compliance statement
• P20-0602_05K Materials Plan
• P20-0602_06B Ancillary Buildings
• P20-0602_07C Boundary Treatment Details
• P20-0602_10C Parking & Cycle Strategy
• P20-0602_11C Refuse Strategy
• P20-0602_12E Boundary Treatments Plan
• P20-0602-02_01 REV L Streetscenes
• P20-0602-02_02 REV L Streetscenes
• P20-0602-02_03 Rev L Streetscenes
• P20-0602-02_04 Streetscenes
• P20-0602_13D Affordable Tenure
• P20-0602_15C Hard Surfaces Plan
• P20-0602_16C Open Space Areas
• P20-0602_17B Movement & Accessibility Plan
• P20-0602_18A CGI Streetscene
• P20-0602_19A Residential Offsets
• P20-0602_08B Proposed Sections 1 of 2
• P20-0602_08B Proposed Sections 2 of 2
• P20-0602 House Type Pack - Part 1 Nov 21
• P20-0602 House Type Pack - Part 2 Nov 21
• P20-0602 House Type Pack - Part 3 Nov 21
• P20-0602 House Type Pack - Part 4 Nov 21
• Energy Strategy Statement (Briary Energy, February 2021)
• Water Use Calculator (Bloor Homes, February 2021)
• EA165-LS-001h (Site Landscaping)
• EA165-LS-002f (Site Landscaping)
• EA165-LS-003i (Site Landscaping)
• EA165-LS-004e (Site Landscaping)
• EA165-LS-005g (Site Landscaping)
• EA165-LS-006h (Site Landscaping)
• EA165-LS-007f (Site Landscaping)
• EA165-LS-008f (Site Landscaping)
• EA165-LS-009h (Site Landscaping)
• EA165-LS-010b (Landscape Elements Plan)
• 60724-C-005 - Lighting layout
• 60724-C-006 – Fire tending tracking
• 60724-C-007 – Refuse tracking
• EA 165-PD-905 Early Years Location Dimension Plan
• R9230-1 Rev 0 - Noise Assessment (24 Acoustics, 27 September 2021)
• R9230-2 Rev 0 – Noise Assessment Memorandum (24 Acoustics, 10 December 2021)
• R9230-3 Rev 0 – Noise Assessment Addendum Early Years Facility
- Addendum Ground Investigation Report (ref. 60724 - Richard Jackson, 15 October 2020)
- Infiltration Technical Note Rev A (ref. 60724 - Richard Jackson, 23 December 2021)
• GreenBlue Urban Hydraulic Modelling Guidance
• Drainage Strategy Statement Rev B (ref. 60724 - Richard Jackson, 4 January 2022)
• MicroDrainage Calculations for Northwest + Early Years (Richard Jackson)
• MicroDrainage Calculations for Early Years Site + Porous Paving (Richard Jackson)
• 60724/C/001 Rev E - Section 38 Agreement Plan (Richard Jackson, 22 December 2021)
• 60724/C/002 Rev C - Preliminary FFL (Richard Jackson, 7 December 2021)
• 60724/C/003 Rev E - Drainage Strategy (Richard Jackson, 22 December 2021)
• 60724/C/004 Rev C - Exceedance Flow Routes (Richard Jackson, 7 December 2021)
• 60724/C/008 Rev A - Preliminary Site Levels for Early Years Site (Richard Jackson, 23
November 2021)
• 60724/C/009 Rev B - Infiltration Strategy (Richard Jackson, 22 December 2021)
• 60724/C/010 Rev A - Infiltration Test Locations (Richard Jackson, 7 December 2021)
• 60724/C/011 - Preliminary Drainage Strategy for Early Years Site Richard Jackson)
• 60724/C/012 - Impermeable Areas Plan (Richard Jackson, December 2021)
• 60724/C/013 - Preliminary Drainage Strategy for Early Years Site Alternative Option No
Infiltration (Richard Jackson, January 2022)
• EA60724-EN-070 Rev B - Adoptable Highway Construction Details Sheet 1 (Richard
Jackson, 9 December 2021)
• EA60724-EN-071 Rev B - Adoptable Highway Construction Details Sheet 2 (Richard
Jackson, 4 January 2021)
• EA60724-EN-072 Rev C - Adoptable Highway Construction Details Sheet 3 (Richard
Jackson, 4 January 2021)
• EA60724-EN-075 Rev B - Private External Works Construction Details Sheet 1 (Richard
Jackson, 22 December 2021)
• EA60724-EN-076 Rev B - Private External Works Construction Details Sheet 2 (Richard
Jackson, 22 December 2021)
Reason: For avoidance of doubt as to what has been considered and approved.
2. The materials and finishes shall be as indicated within the submitted application (P20-0602_05K Materials Plan) and thereafter retained as such, unless otherwise agreed by the local planning authority.
Reason: To ensure the satisfactory appearance of the development in the interests of visual amenity.
3. A formal crossing point in the broad location as indicated on plan 60724-C-002 C shall be submitted to and approved in writing by the local planning authority. This crossing may be in the form of a toucan or tiger crossing whichever is deemed suitable and safe for this location by SCC as the local highway authority.
Reason: In the interests of highway safety to ensure that satisfactory access is provided for the safety of residents and the public to encourage sustainable transport links.
4. No other part of the development hereby permitted shall be occupied until the new accesses onto the primary road has been laid out and completed in all respects in accordance with drawing no. 60724-C-001 E (s38 Agreement Plan) specifically including the cycleway provision at the accesses in accordance with the emerging Suffolk Streets Guide. 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.
5. Before the main road accesses (secondary to secondary and secondary to primary road) are first used visibility splays shall be provided as shown on drawing number 60724-C-001 E (s38 Agreement Plan) and thereafter retained in the specified form. Notwithstanding the provisions of Part 2 Class A of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no obstruction to visibility shall be erected, constructed, planted or permitted to grow over 0.6 metres high within the areas of the visibility splays.
Reason: To ensure drivers of vehicles entering the highway have sufficient visibility to manoeuvre safely including giving way to approaching users of the highway without them having to take avoiding action and to ensure drivers of vehicles on the public highway have sufficient warning of a vehicle emerging in order to take avoiding action, if necessary.
6. Before the main spine road (Primary Road) is first used forward visibility splays shall be provided as shown on drawing number 60724-C-001 E (s38 Agreement Plan) and thereafter retained in the specified form. Notwithstanding the provisions of Part 2 Class A of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re- enacting that Order with or without modification) no obstruction to visibility shall be erected, constructed, planted or permitted to grow over 0.6 metres high within the areas of the visibility splays.
Reason: To ensure drivers of vehicles entering the highway have sufficient visibility to manoeuvre safely including giving way to approaching users of the highway without them having to take avoiding action and to ensure drivers of vehicles on the public highway have sufficient warning of a vehicle emerging in order to take avoiding action, if necessary.
7. Before the access is first used clear visibility at a height of 0.6 metres above the carriageway level shall be provided and thereafter permanently maintained in that area between the nearside edge of the metalled carriageway and a line 2.4 metres from the nearside edge of the metalled carriageway at the centre line of the access point (X dimension) and a distance of 43 metres in each direction along the edge of the metalled carriageway from the centre of the access (Y dimension) [or tangential to the nearside edge of the metalled carriageway, whichever is the more onerous]. Notwithstanding the provisions of Part 2 Class A of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no obstruction to visibility shall be erected, constructed, planted or permitted to grow over 0.6 metres high within the areas of the visibility splays.
Reason: To ensure drivers of vehicles entering the highway have sufficient visibility to manoeuvre safely including giving way to approaching users of the highway without them having to take avoiding action and to ensure drivers of vehicles on the public highway have sufficient warning of a vehicle emerging in order to take avoiding action, if necessary.
8. Before the development is commenced details of the areas to be provided for the storage and presentation for collection/emptying of refuse and recycling bins 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 for no other purpose (or) the approved bin storage and presentation/collection area shall be provided for each dwelling prior to its first occupation and shall be retained thereafter for no other purpose.
Reason: To ensure that space is provided for refuse and recycling bins to be stored and presented for emptying and left by operatives after emptying clear of the highway and access to avoid causing obstruction and dangers for the public using the highway.
9. The use shall not commence until the area(s) within the site shown on drawing no. 60724-C-001 E (s38 Agreement Plan) for the purposes of loading, unloading, manoeuvring and parking of vehicles has / have been provided and thereafter the area(s) shall be retained, maintained and used for no other purposes.
Reason: To ensure that sufficient areas for vehicles to be parked are provided in accordance with Suffolk Guidance for Parking 2019 where on-street parking and or loading, unloading and manoeuvring would be detrimental to the safe use of the highway.
10. The use shall not commence until the area(s) within the site shown on drawing no. P20- 0602_10C (Parking & Cycle Strategy) for the purposes of loading, unloading, manoeuvring and parking of vehicles has / have been provided and thereafter the area(s) shall be retained, maintained and used for no other purposes.
Reason: To ensure that sufficient areas for vehicles to be parked are provided in accordance with Suffolk Guidance for Parking 2019 where on-street parking and or loading, unloading and manoeuvring would be detrimental to the safe use of the highway.
11. 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.
12. 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.
Reason: In the interests of highway safety to ensure that satisfactory access is provided for the safety of residents and the public.
13. No development shall commence 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.
14. Prior to commencement, a Construction Management Plan shall have been submitted to and approved in writing by the local planning authority. Construction of the development shall not be carried out other than in accordance with the approved plan.
The Construction Management Plan shall include the following matters:
a. parking and turning for vehicles of site personnel, operatives and visitors
b. loading and unloading of plant and materials
c. piling techniques (if applicable)
d. storage of plant and materials
e. provision and use of wheel washing facilities
f. programme of site and all associated works such as utilities including details of traffic management necessary to undertake these works
g. site working and delivery times
h. a communications plan to inform local residents of the program of works
i. provision of boundary hoarding and lighting
j. details of proposed means of dust suppression
k. details of measures to prevent mud from vehicles leaving the site during construction
l. haul routes for construction traffic on the highway network
m. monitoring and review mechanisms
n. details of deliveries times to the site during construction phase
Reason: In the interest of highway safety to avoid the hazard caused by mud on the highway and to ensure minimal adverse impact on the public highway during the construction phase.
15. All HGV delivery traffic movements to and from the site over the duration of the construction period shall be subject to a Deliveries Management Plan, which shall be submitted to the local planning authority for approval a minimum of 56 days before any deliveries of materials commence. No HGV movements shall be permitted to and from the site other than in accordance with the routes defined in the Plan. [The site operator shall maintain a register of complaints and record of actions taken to deal with such complaints at the site office as specified in the Plan throughout the period of occupation of the site.]
Reason: In the interests of highway safety, to reduce and / or remove as far as is reasonably possible the effects of HGV traffic in sensitive areas.
16. Before the development is commenced 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. Prior to any occupation or use, the residential noise mitigation measures (window and ventilation systems) recommended by the Noise Assessment (ref. R9230-1 Rev 0 – dated 27 September 2021) should be validated to ensure compliance with the internal guideline noise values within BS 8233:2014.
A validation report should therefore be submitted to, and approved in writing by, the LPA prior to any occupation or use of the approved development. The validation report must include, but is not limited to:
• Results of surveying and/or monitoring carried out to demonstrate that the measures in the agreed noise assessment report have been implemented and any agreed noise levels achieved.
• Results of surveying to at least one dwelling in each of the Noise Zones A, B & C as identified in the 24 Acoustics noise assessment report.
The validation methodology (including numbers and locations of selected dwellings) should be agreed with the LPA prior to the assessment being undertaken.
Reason: To ensure that risks from noise pollution to the future users of the land are minimised to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
18. Prior to any occupation or use of the approved development, the Remediation Method Statement Rev. A (21 January 2021) 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.
19. 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.
20. 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 BS10175:2011+A2:2017 and the Land Contamination Risk Management (LCRM)) 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 must be prepared and is subject to the approval in writing of the local planning authority. The remediation method statement must include detailed methodologies for all works to be undertaken, site management procedures, proposed remediation objectives and remediation criteria. The approved remediation method statement 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.
21. Development must be undertaken in accordance with the ecological avoidance, mitigation, compensation and enhancement measures identified within the Ecological Appraisal (Aspect Ecology, April 2016 updated September 2021) and the Report to Inform a Habitats Regulations Assessment (HRA) (Aspect Ecology, December 2020) 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.
22. Prior to any works above slab level an Ecological Enhancement Strategy, based on the measures set out in the submitted Ecological Appraisal (Aspect Ecology, April 2016 updated September 2021) and 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.
23. A landscape and ecological management plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to first occupation of the development. 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
g. rolled forward over a five-year period).
h. Details of the body or organisation responsible for implementation of the plan.
i. 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.
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. 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.
26. No removal of hedgerows, trees, shrubs or habitats suitable for ground nesting birds 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.
27. The strategy for the disposal of surface water (referenced in Condition 1) shall be implemented as approved in writing by the local planning authority. The strategy shall thereafter be managed and maintained in accordance with the approved strategy.
Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal, to ensure that the proposed development can be adequately drained.
28. Within 28 days of practical completion of the last dwelling of each phase (as agreed under Condition 3 of DC/16/2778/OUT), surface water drainage verification report shall be submitted to the local planning authority, detailing and verifying that the surface water drainage system has been inspected and has been built and functions in accordance with the approved designs and drawings. The report shall include details of all SuDS components and piped networks in an agreed form, 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 with the county of Suffolk. https://www.suffolk.gov.uk/roads-and-transport/flooding-and-drainage/flood-risk-assetregister.
29. No development other than site clearance and site establishment shall commence until 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 shall include method statements, scaled and dimensioned plans and drawings detailing surface water management proposals to include: temporary drainage systems; measures for managing pollution / water quality and protecting controlled; waters and watercourses; and measures for managing any on or offsite flood risk associated with construction.
Reason: To ensure the development does not cause increased flood risk, or pollution of watercourses or groundwater https://www.suffolk.gov.uk/roads-and-transport/floodingand- rainage/guidance-on-development-and-flood-risk/construction-surface-watermanagement-plan.
30. Prior to occupation of the hereby approved development, details of all measures that have been completed as stated in the Energy Strategy Statement (by Briary Energy, dated February 2021) and Water Use Calculator (by Bloor Homes, dated February 2021), shall be submitted to and approved in writing by the local planning authority.
The updated sustainability strategy should demonstrate how the development shall achieve higher energy efficiency standards that result in a 20% reduction in CO2 emissions below the Target CO2 Emission Rate (TER) set out in the 2013 Building Regulations; and include a table providing a concise summary of the results of the calculations for each dwelling and the percentage improvement on Building Regulations Part L 2013. The calculations shall be carried out in accordance with the Building Regulations Part L 2013.
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).
31. 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.
32. Arrangements for the storage and collection of refuse shall fully accord with a scheme which shall have been submitted to and approved in writing by the local planning authority, before the use is commenced.
Reason: In the interests of amenity and the protection of the local environment.
33. Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015 or any Order revoking or re-enacting the said Order] no development of any kind specified in Part(s) 1; 2 & 3 of Schedule 2 of the said Order shall be carried out unless otherwise agreed with the local planning authority.
Reason: In order that the local planning authority may retain control over this particular form of development in the interests of amenity and the protection of the local environment and the amenity of adjoining residents.
34. All windows serving WC’s and bathrooms shall be fitted and remain fitted with patterned/obscured glass, details of which shall be submitted to and approved in writing by the local planning authority before the glazing is installed.
Reason: In the interest of residential amenity.
35. The hereby approved development 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, where applicable) for accessible and adaptable dwellings. Drawings and/or documents shall list which units/plots meet the M4(2) (or M4(3) standards) and shall be submitted to and approved in writing by the local planning authority prior to development of each phase.
Reason: To ensure the development complies with Planning Policy SCLP5.8.? An additional condition is to be agreed with the applicant and Suffolk County Council that secures pre-development works to the early years facility location (i.e., erection of acoustic fencing and future maintenance, minimum level of topsoil etc.).
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 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.
5. 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.
6. 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.
7. This consent is the subject of a Section 106 legal agreement which must be adhered to.
8. 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.
9. 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. 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.
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-wasteand-environment/planning-and-development-advice/application-for-works-licence.
11. 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/planningwaste-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.
12. 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-developmentadvice.
13. A cycle link is required to link the eastern side of the development to Treetops, Gulpher Road and beyond, to enable sustainable access to local facilities. The cost for supplying a 3m wide unbound surface suitable for cycling and walking will cost with design fees £22,000. If preferred I would condition this route to be provided by the applicant and would need to agree appropriate wording for such a condition. This route is required under NPPF 110a, c & d, 112a & c.
14. Public utility apparatus may be affected by this proposal; the appropriate utility service should be contacted to reach agreement on any necessary alterations which have to be carried out at the expense of the developer.
Any works to a watercourse may require consent under section 23 of the Land Drainage Act 1991.
15. Any discharge to a watercourse or groundwater needs to comply with the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.
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.
16. Any works to a main river may require an environmental permit.
17. 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.
18. 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.
19. The applicant is advised that a public right of way crosses the application site or adjoins the application site (Footpath 28) and nothing in this permission shall authorise the stopping up, diversion or obstruction of that right of way. The applicants should apply to Suffolk County Council if they want the public right of way to be diverted or stopped up. It is an offence under the Highways Act 1980 to obstruct the route or damage/alter the surface of the right of way without the prior written consent of the highway authority, either during the construction of the development or beyond. If any development work conflicts with the safe passage of pedestrians or other users of the right of way, the applicants will need to apply to the highway authority for a temporary closure of the right of way.
Following the conclusion of this item the Chairman adjourned the meeting for a short break; the meeting adjourned at 3.32pm and reconvened at 3.45pm.