Meeting Details

Planning Committee North
11 Oct 2022 - 14:00 to 15:05
  • Documents
  • Attendance
  • Visitors
  • Declarations of Interests

Documents

Agenda

Meeting Details
Meetingdetails
MeetingDetailsHybrid

Members are invited to a Meeting of the Planning Committee North

to be held in the Conference Room, Riverside, Lowestoft

on Tuesday, 11 October 2022 at 2.00 pm

 

This meeting will be broadcast to the public via the East Suffolk YouTube Channel at https://www.youtube.com/watch?v=HJIOqYPcLEE

Part One - Open To The Public
1 Apologies for Absence and Substitutions
1
Apologies for absence were received from Councillors Brooks, Cooper, Coulam, Plummer and Rivett. Councillor Goldson was in attendance as substitute for Councillor Brooks; Councillor Cackett was in attendance as substitute for Councillor Cooper, Councillor Daly attended as substitute for Councillor Plummer, and Councillor Cloke attended as Councillor Rivett's substitute.  
2 Declarations of Interest

Members and Officers are invited to make any declarations of interests, and the nature of that interest, that they may have in relation to items on the Agenda and are also reminded to make any declarations at any stage during the Meeting if it becomes apparent that this may be required when a particular item or issue is considered.

2
There were no declarations of interest. 
3 Declarations of Lobbying and Responses to Lobbying
To receive any Declarations of Lobbying in respect of any item on the agenda and also declarations of any response to that lobbying.  
3
Councillors Ashdown, Ceresa, Cackett, Cloke, Daly and Goldson declared that they had been lobbied by email on Agenda Item 6 - DC/22/0462/ARM - Land South of Halesworth Road, Reydon, and had not responded. 
4 pdf Minutes (215Kb)
To approve as a correct record the Minutes of the Meeting held on 13 September 2022.
4

On the proposition of Councillor Goldson, seconded by Councillor Ceresa it was by a unanimous vote

 

RESOLVED

 

That the Minutes of the Meeting held on 13 September 2022 be confirmed as a correct record and signed by the Chairman. 

Report of the Head of Planning and Coastal Management 
5

The Committee received report ES/1308 of the Head of Planning and Coastal Management, which provided a summary of all outstanding enforcement cases for East Suffolk Council where enforcement action had been sanctioned under delegated powers up until 26 September 2022. At that time there were 15 such cases.

The Assistant Enforcement Officer drew the Committee's attention firstly to an injunction which had been awarded regarding Land Adjacent to Oak Spring, The Street, Darsham. The Council had been awarded £8,000 in costs, and compliance works were to be completed by 6 March 2023. Secondly, a Court date had been set for the end of November 2022 regarding a Section 215 notice at 28 Brick Kiln Avenue, Beccles. 

In response to a question from the Chairman, the Assistant Enforcement Officer explained that Officers continued to review natural habitat concerns regarding Land at Dam Lane Kessingland and advised that a more full update would be provided in the report to the next meeting.  

 
There being no further questions the Chairman sought a proposer and seconder for 
the recommendation set out in the report. On the proposition of Councillor Ceresa, seconded by Councillor Goldson it was by a unanimous vote
 

RESOLVED

 

That the outstanding enforcement matters up to 26 September 2022 be noted.

Report of the Head of Planning and Coastal Management
6

The Committee considered report ES/1309 which related to Reserved Matters application DC/22/0462/ARM. The application sought the approval of the Reserved Matters of outline planning permission reference DC/15/3288/OUT. The application had been referred to the Committee by the Head of Planning and Coastal Management because of its significant public interest. The proposal included residential development of 55 dwellings, public open space provision and associated infrastructure on the former playing field at Saint Felix School. 

 

The Committee received a presentation from the Principal Planner, who was the case officer for the application. The Committee considered the location plan, contemporary photographs and aerial images of the location. Computer generated images of the proposed development were shown, illustrating the proposed layout, accessible green space and connectivity to the site; and it was clarified that there would be an access link to the neighbouring St Georges Square development. The Principal Planner described the Affordable Housing Designation Plan, which set out the affordable housing provision in a desirable part of the site, the proposed block plan and house types, and introduced the Key/Focal buildings. The design of the Key/Focal buildings had been treated differently, externally, and would incorporate detailed flint accents. The recommendation to approve the application was set out in the report, subject to the conditions published in the update sheet on 10 October 2022. The material planning considerations were layout, scale, appearance and landscaping. 

 

At the invitation of the Chairman, Members' questions to Officers sought clarification of:

 

  • Whether the trees shown on the illustrations outside some of the proposed houses would block light to those houses, and whether the trees were necessary
  • Whether the sports and recreation facilities linked to the S106 agreement at outline stage had been completed
  • The percentage of affordable houses that would be provided by the development
  • The fencing and boundary treatment around the proposed dwellings 
  • Whether the trees along the eastern boundary would be felled
  • The management of traffic along the A1095, including any pedestrian and cycling mitigations
  • Whether the comments of the Suffolk County Archaeology Unit could be manifested as a condition.

 

Officers responded to Members' questions accordingly:

 

  • The tree types and locations had been chosen to not restrict light and would enhance the site. Proposed Conditions 10, 11 and 12 set out a suite of controls to ensure a comprehensive, effective, and well-maintained scheme of landscaping
  • The sports and recreation facilities linked to the Section 106 agreement would be consequential to the approval of the Reserved Matters application 
  • 35% of the development (19 of the 55 houses) would be affordable, with the mix of housing types set out in paragraph 3.9 of the report.  13 of the dwellings would be affordable rent, and 6 would be shared ownership. It was explained that the approved outline development pre-dated the extant local plan requirement of 40% affordable homes in Reydon and Southwold
  • Proposed Condition 12 accounted for boundary treatment and required that details of both hard and soft landscape works would be submitted to and be approved in writing by the local planning authority, prior to the commencement of development
  • Whilst the evergreen trees along the eastern boundary would be felled, they were not of high value, and would be offset by planting elsewhere. The site would benefit from the retained and enhanced woodland amenity provision overall
  • Proposed Condition 6 would require the developer to provide a Construction Management Plan, which would include details of traffic management 
  • Archaeological conditions could not be applied at the Reserved Matters stage, as those conditions would relate to the principle of developing the site which had already been considered and approved.

 

At the invitation of the Chairman, Reydon Parish Councillor Philip O'Hear spoke on behalf of the Parish Council.  Despite its original objections on principle, the Parish Council now recognised that there was merit in the reduced scale, landscaping and housing mix of the reserve matters scheme and commended the work that the Principal Planner and the Applicant had done to make the scheme more palatable. However, the Parish Council's view was that it would have been reasonable that the number of affordable housing units proposed be rounded up from 19 to 20 in acknowledgement that had the scheme been proposed more recently, then Policy WLP8.2 would have required that 40% (rather than 35%) of the dwellings should be affordable. 

 

The Parish Council continued to have concerns about three specific matters:

 

  • The impact of the development on the County Wildlife Site, particularly the loss of habitat and the reduction in its size
  • Access to the site, speeding vehicles, and the restricted view caused by the undulations of the A1095 road. However, it was content that Parish Council discussions with Suffolk Highways around traffic calming were ongoing
  • The loss of the tree belt to the east of the site, and that it was desirable that many or more trees be replanted.

 

The Principal Planner clarified that the quantum of affordable housing was fixed at outline stage within the linked Section 106 agreement, and that could not be re-visited at the Reserved Matters stage. The proposal included 19 dwellings out of the 55 proposed, which was 34.5% of the development; and accorded with the 35% requirement embedded within the Section 106 agreement.

 

The Chairman invited questions from Members, there being none, Parish Councillor O'Hear was thanked for articulating the views of the Parish Council. 

 

At the invitation of the Chairman, the applicant Mr Henry James addressed the Committee. Mr James emphasised that the vision of the developer was to create exceptional homes and build sustainable communities, as demonstrated in its recent developments in Burnham Market, Brancaster and Saffron Walden. The developer had been selected by Saint Felix School and worked collaboratively with Officers East Suffolk Council to bring forward the proposal. The development would benefit from the affordable houses being built to the same standard as the market housing and from being situated in a favourable location within the overall site. The site was designed to be sustainable, utilising ground source heat pumps; and the northern woodland area would be brought into use for the benefit of residents, with cycle and walking connectivity. Overall, the proposal had been positively received, and there had been no objections from the statutory consultees. 

 

Mr James was invited by the Chairman to respond to questions from Members. In response to Councillor Ceresa, Mr James explained that each plot had designated bin storage, and that whilst the pumping station and the substation were proximate to the play area to the west, there was no health risk associated with their location. The play area to the north would be subject to a boundary treatment condition. 

 

Councillor Goldson sought clarification of the specification of the housing units, particularly regarding accessibility. Mr James emphasised that the homes would be compliant with building regulations and the Head of Planning and Coastal Management concurred that such matters would be for sign-off by the Building Control service. 

 

In response to two questions from Councillor Cackett, Mr James firstly cautioned that the development would fund improvements to Saint Felix School and as such, the funding model would not be workable if a condition to restrict sales to those with a local connection only was imposed. However, the scheme was designed to create a community, and would be likely to appeal to local families. Secondly, whilst an archaeological condition could not be applied to a Reserved Matters application, the Committee were assured that as a good developer, any archaeological finds would be reported to the relevant bodies. 

 

Councillor Goldson sought clarification of what measures would be in place to prevent investors purchasing the affordable housing for future resale or let. The Head of Planning and Coastal Management explained that conditions had been previously set in the linked Section 106 agreement. 

 

There being no further questions to the applicant, the Chairman called upon the Ward Member, Councillor Beavan to speak. Councillor Beavan asserted that that the approval of the development by the then Waveney District Council in 2019 was poor and had not considered road access which would continue to present a significant problem for Suffolk Highways. Councillor Beavan speculated that the outline application had been brought forward to be heard before the approval of the Reydon Neighbourhood Plan. However, Councillor Beavan agreed there was a need for affordable homes, and the developer had proposed a palatable scheme. Appropriate care with planting and ongoing maintenance would mitigate the environmental concerns expressed in the report regarding trees. 

 

The Head of Planning and Coastal Management countered Councillor Beavan's assertion and assured the Committee that the decision made by the former Waveney District Council in 2019 was sound. 

 

The Chairman invited the Committee to debate the application. Councillors Goldson and Cackett were satisfied that the proposed development had demonstrably progressed from the outline approved in 2019, and was now a well-designed, high-quality scheme. Councillor Daly was broadly supportive and was pleased that air source heat pumps would be utilised but felt that solar installations could also have been considered.

 

Councillor Goldson moved that the application be approved, Councillor Cackett seconded, the Chairman moved to the vote and it was unanimously 

 

RESOLVED

 

That the reserved matters application be APPROVED subject to conditions.

 

 

 

Conditions:

 

1. The development hereby permitted shall be carried out in accordance with the following approved plans, drawings, and documents: 

 

Received 10 October 2022 

 

• Tree Layout Plan – Drawing No. OAS 22-004-TS02 (Rev A) 

 

Received 11 August 2022 

 

• Landscape Masterplan - Drawing No. GUA-DR-L-SK01 P06
• Footpath Access Network Plan - Drawing No. GUA-DR-L-SK02 P05 
• Open Space Plan – Drawing No. GUA-DR-L-SK03 P05 
• Site Layout Plan – Drawing No. 9317-FM- XX- XX- DR- A- 003- P05 
• Site Layout Plan – Ground Floor – Drawing No. 9317-FM- XX- XX- DR- A- 004- P03
• Accommodation Mix – Drawing No. 9317-FM- XX- XX- DR- A- 006- P04 
• Building Heights Plan – Drawing No. 9317-FM- XX- XX- DR- A- 007- P03 
• Affordable Housing Designation Plan – Drawing No. 9317- FM- XX- XX- DR- A- 008- P03 

Received 05 July 2022

 
• Energy Statement (ref. PP1889/ES/R/202206-EC) 
• Drainage Strategy & SuDS Report (including appendices), Ref 7407 
• Drawing Numbers: 
-  020 HT-M-2B rev P02 
-  025 HT-M-2A Type 1 rev P02 
-  026 HT-M-2A Type 2 rev P00 
-  030 HT-M-3A Type 1 rev P02 
-  031 HT-M-3A Type 2 rev P02 
-  035 HT-M-3B Type 1 rev P02 
-  036 HT-M-3B Type 2 rev P02 
-  037 HT-M-3B Type 3 rev P00 
-  038 HT-M-3B Type 4 rev P00 
-  040 HT-M-3C Type 1 rev P02 
-  041 HT-M-3C Type 2 rev P02 
-  045 HT-M-3D rev P02 
-  050 HT-M-4A Type 1 rev P02 
-  051 HT-M-4A Type 2 rev P02 
-  052 HT-M-4A Type 3 rev P02 
-  053 HT-M-4A Type 4 rev P00 
-  054 HT-M-4A Type 5 rev P00 
-  055 HT-M-4B rev P02 
-  060 HT-M-5A Type 1 rev P02 
-  061 HT-M-5A Type 2 rev P00 
-  065 HT-A-1A-2A Type 1 rev P02 
-  066 HT-A-1A-2A Type 2 rev P00 
-  070 HT-A-2B Type 1 rev P02 
-  071 HT-A-2B Type 2 rev P00 
-  072 HT-A-2B Type 3 rev P00 
-  075 HT-A-3AT rev P02 
-  080 HT-A-3A rev P02 
-  095 Double Garage rev P02 
-  096 Double Garage - Timber Clad 
-  097 Single Garage rev P02 
-  098 Single Garage - Timber Clad 
-  099 Triple Garage rev P00 

 

Reason: for the avoidance of doubt as to what has been considered and approved.

 

2. Prior to development above slab level, details of the materials to be used in the external surfaces of the approved dwellings (and associated garages) shall be submitted to and approved in writing by the Local Planning Authority. 

 

The choice of materials shall accord with the general specification set out on pages 9 to 11 of the Design and Access Statement Addendum (ref. 9317), received 05 July 2022.  In respect of the ‘key buildings’ identified on the approved plans, a sample panel of the proposed flint work shall be constructed, with this either being made available for the LPA to physically view on request; or, for photographic details of this sample panel to be provided for approval in writing. In regard to the above, development shall then be carried out as approved.

 

Reason: the general materials specification is acceptable, but precise details are needed in the interest of securing a high-quality design.

 

3. 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 except with the written approval of the Local Planning Authority.

 

Reason: To ensure that satisfactory access is provided for the safety of residents and the public.

 

4. Before the development is commenced, details of the estate roads and footpaths, (including layout, levels, gradients, surfacing and means of surface water drainage), shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out as approved.

 

Reason: To ensure that roads/footways are constructed to an acceptable standard.

 

5. The areas to be provided for storage and presentation of Refuse/Recycling shall be as detailed within the approved plans cited in condition 2. Prior to any occupation of a plot, the storage /presentation areas for that plot shall be provided. Thereafter the bin storage/presentation areas shall be retained for that purpose.

 

Reason: To ensure that refuse recycling bins are not stored on the highway causing obstruction and dangers for other users.

 

6. No development, apart from tree/hedge works, shall commence until a Construction Management Plan has 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 and m) monitoring and review mechanisms.

 

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. This is a pre-commencement condition because an approved Construction Management Plan must be in place at the outset of the development.

 

7. Prior to first occupation of any dwelling, the infrastructure to be provided for electric vehicle charging points shall be submitted to and approved in writing by the Local Planning Authority. In accordance with the approved details, the charging points shall be fitted and be fully operational prior to the occupation of the residential dwelling to which they relate.

 

Reason: In the interests of sustainable travel provision and compliance with Local Plan Sustainable Transport Policies. This needs to be a pre-commencement condition to avoid expensive remedial action which adversely impacts on the viability of the provision of electric vehicle infrastructure if a suitable scheme cannot be retrospectively designed and built.

 

8. Development must be undertaken in accordance with the ecological avoidance, mitigation, compensation, and enhancement measures identified within the Ecological Impact Assessment (EcIA) (MKA Ecology, June 2022) or as otherwise approved in writing by the Local Planning Authority.

 

Reason: To ensure that ecological receptors are adequately protected and enhanced as part of the development.

 

9. No external lighting shall be installed unless a “lighting design strategy for biodiversity” for the area to be lit has been submitted to and approved in writing by the local planning authority. The strategy shall: a) identify those areas/features on site that are particularly sensitive for biodiversity likely to be impacted by lighting and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent 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. 

 

10. 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 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.

 

11. No development shall commence, or any materials, plant or machinery be brought on to the site, until the approved scheme of tree protective fencing (as shown on Drawing No. OAS 22- 004-TS03 rev A) has been implemented. At no time during the development shall there be any materials, plant or equipment stored, or building or excavation works of any kind undertaken, beneath the canopies of the trees and hedges. All fencing shall be retained and maintained until the development is complete. 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 shall 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 protect the trees/hedgerow during the course of development in the interest of visual amenity.

 

12. No development shall commence until details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority. These details shall include:

• a statement setting out the design objectives and how these will be delivered;

• earthworks showing existing and proposed finished levels or contours;

• means of enclosure and retaining structures;

• boundary treatments;

• hard surfacing materials;

• minor artefacts and structures [e.g., furniture, play equipment, refuse or other storage units, signs, etc.];

• an implementation programme, [including phasing of work where relevant].

• planting plans;

• written specifications (including cultivation and other operations associated with plant and grass establishment);

• schedules of plants noting species, plant supply sizes and proposed numbers/densities.

The landscaping works shall be carried out in accordance with the approved details. The completed scheme shall be managed and maintained in accordance with an approved scheme of management and maintenance.

 

Reason: To ensure the submission and implementation of a well-laid out scheme of landscaping in the interest of visual amenity.

 

13. Prior to development above slab level, a detailed specification for the Locally Equipped Area for Play (LEAP) and the Local Area for Play (LAP) shall be submitted to and approved in writing by the Local Planning Authority. This specification shall provide details of all play equipment and associated works, including any means of enclosure and engineering operations. The LAP shall be completed and made available for use prior to occupation of the 20th dwelling. The LEAP shall be completed and made available for use prior to occupation of the 50th dwelling. The ongoing maintenance and management of both the LEAP and the LAP shall be in accordance with the approved scheme of management.

 

Reason: to ensure the appropriate specification of the play areas, and their ongoing maintenance.

 

14. Prior to development above slab level, elevation drawings of the proposed sub-station and pumping station buildings shall be submitted to the LPA for approval in writing. Development shall then be carried out as approved.

 

Reason: the location of these buildings is acceptable, but details of appearance have not been provided, and therefore a condition is necessary in the interests of securing an acceptable design.

 

15. Notwithstanding the details shown on the approved plans, prior to development above slab level, precise details of the extent of retained scrub/vegetation in the north-eastern corner of the site shall be submitted to the LPA for approval in writing. These details shall establish the final rear boundary line of adjacent plots, along with any required boundary treatment and engineering works required. Development shall thereafter be carried out as approved, and the area maintained/managed in accordance with the approved management scheme.

 

Reason: the scrub area has landscape value and partial retention will be of benefit to the rural character of the adjacent public right of way.

 

16. No development above slab level shall take place until there has been a management scheme for maintenance of the site submitted to the Local Planning Authority for approval in writing. The management scheme must cover long term design objectives, management responsibilities and a scheme of maintenance, at minimum, for the following elements:

• all roads, footways, paths, and visitor parking areas within the site; and

• landscaped areas and all open space within the site, including both the LEAP and the LAP, and boundary planting.

The management scheme must set out management responsibilities and a scheme of maintenance of the hard and soft landscaped areas for a period of at least 25 years. The scheme should include details of the arrangements for its implementation. The development shall be carried out in accordance with the approved management scheme.

 

Reason: The estate roads within the site are not of adoptable standard, therefore clear provision for ongoing management and maintenance is essential. Strategic landscaping must be fully established and maintained long-term to ensure this site can be assimilated into the AONB context. Areas for play must also be maintained and managed long-term.

 

Part Two - Confidential
No Exempt/Confidential

There are no Exempt or Confidential items for this Agenda.

Attendance

NameReason for Sending ApologySubstituted By
Councillor Norman Brooks Councillor Tony Goldson
Councillor Tony Cooper Councillor Alison Cackett
Councillor Linda Coulam  
Councillor Sarah Plummer Councillor Tom Daly
Councillor Craig Rivett Councillor Judy Cloke
NameReason for AbsenceSubstituted By
Councillor Malcolm Pitchers  

Declarations of Interests

Member NameItem Ref.DetailsNature of DeclarationAction
No declarations of interest have been entered for this meeting.

Visitors

Officers present:  Ben Bix (Democratic Services Officer), Joe Blackmore (Principal Planner), Mia Glass (Assistant Enforcement Officer), Philip Ridley (Head of Planning and Coastal Management), Nicola Wotton (Deputy Democratic Services Manager)