6
The Committee received report ES/1470 of the Head of Planning and Coastal Management, which related to planning application DC/22/1146/FUL.
The application sought planning permission for the construction of a detached bungalow on land adjacent to no.3 Pine Grove, Grundisburgh. The referral process was triggered in accordance with the Scheme of Delegation, set out in the East Suffolk Council Constitution, as the 'minded to' decision of the case officer was contrary to Grundisburgh Parish Council's recommendation to refuse the application. The application was presented to the Referral Panel on Tuesday 31 January 2023 where it was concluded that the merits of the proposal warranted further debate at Committee.
The Committee received a presentation from the Planner, who was the case officer for the application. The site's location was outlined and an aerial view of the site was displayed, demonstrating the cul-de-sac of two-storey detached dwellings.
The Planner shared photographs of the site demonstrating views looking north-west towards the western boundary of the site, looking back towards a recent two-storey development on Pine Grove, looking towards 3 and 4 Pine Grove, the northern boundary (demonstrating the changes in level), and from Lower Road towards the site.
The Committee was shown the proposed block plan, elevations and floor plans.
The recommendation to approve the application subject to conditions, set out in the report, was outlined to the Committee. The Planner noted that officers were of the view that the application accorded with policy SCLP5.4 of the Suffolk Coastal Local Plan, relating to housing in clusters in the countryside.
The Chairman invited questions to the officers. The Planner reiterated that officers were content that the proposed development accorded with SCLP5.4 and the site was within an existing cluster of housing in the countryside. Regarding the definition of highway, the Planning Manager (Development Management, Major Sites and Infrastructure) explained that for the purpose of SCLP5.4, the highway does not have to be adopted providing that the public have a right to use it to access residential properties.
The Planner confirmed that the Highways Authority had not raised any objections to the application, including to the visibility splays from Pine Grove into Lower Road. The Highways Authority had proposed several conditions which had been added to the recommendation as appropriate.
The Planner advised that Grundisburgh's settlement boundary was to the north of the application site.
The Chairman invited Mr Cobbold, the applicant's agent, to address the Committee. Mr Cobbold suggested the proposed development was a modest one, outside of Grundisburgh's settlement boundary but in accordance with the Council's own policy on clusters of housing in the countryside.
Mr Cobbold described the site as being within a cluster of seven dwellings and considered that the development would be infilling within a built-up frontage in a clearly identified gap, with development on both sides and would not extend development further into the countryside. Mr Cobbold noted that recently developed dwelling to the south of the site had been allowed on appeal and that the Planning Inspector, in their decision, had commented that Pine Grove was within walking distance to key services.
Mr Cobbold concluded that the proposed development would be suitable for either downsizing or a first home and the development had been amended to not impact on adjacent trees. Mr Cobbold pointed out that there had been no objections from technical consultees and was of the view that the development accorded with local and national planning policies.
The Chairman invited questions to Mr Cobbold. Mr Cobbold noted the recent changes to Building Regulations and the requirement for electric vehicle charging points, confirming that this would be adhered to.
The Chairman invited the Committee to debate the proposal. Councillor Newton said that his main issues with the application had been addressed satisfactorily by officers during the meeting and was of the view that the application could be approved.
There being no further debate the Chairman sought a proposer and seconder for the recommendation to approve the application. On the proposition of Councillor Newton, seconded by Councillor Bird, it was by a unanimous vote
RESOLVED
That the application be APPROVED subject to the following conditions:
1. The development hereby permitted shall be begun not later than the expiration of three years from the date of this permission.
Reason: This condition is imposed in accordance with Section 91 of the Town and Country Planning Act 1990 (as amended).
2. The development hereby permitted shall not be carried out other than in complete accordance with the following approved drawing(s):
- 2021-03/201 (Proposed plans and elevations) received 23 March 2022;
- 2021-03/200 Rev. A (Site plan) received 20 September 2022;
- 2021-03/202 (Site location plan) received 23 March 2022.
- Arboricultural Impact Assessment (Ref: 9691) received 20 September 2022;
- Tree Protection Plan (Ref: 9691-D-AIA) received 20 September 2022.
Reason: For avoidance of doubt as to what has been considered and approved.
3. No development shall commence until details of the materials to be used for the approved dwelling's walls, roof, fenestration and rainwater goods have been submitted to and approved by the local planning authority. Thereafter, the development shall be constructed using only the approved materials unless otherwise agreed by the Local Planning Authority.
Reason: To ensure the satisfactory appearance of the development in the interest of visual amenity.
4. The use shall not commence until the area(s) within the site shown on Drawing No. 2021-03/200 REV A for the purposes of manoeuvring and parking of vehicles has been provided and thereafter that area(s) shall be retained and used for no other purposes.
Reason: To ensure that sufficient space for the on-site parking of vehicles is provided and maintained to ensure the provision of adequate on-site space for the parking and manoeuvring of vehicles where on-street parking and manoeuvring would be detrimental to highway safety to users of the highway.
5. Before the development is commenced details of the areas to be provided for the secure, covered and lit cycle storage shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out in its entirety before the development is brought into use and shall be retained thereafter and used for no other purpose.
Reason: To promote sustainable travel by ensuring the provision at an appropriate time and long term maintenance of adequate on-site areas for the storage of cycles in accordance with Suffolk Guidance for Parking 2019.
6. Before the development is commenced details of the areas to be provided for the storage and presentation 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.
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.
7. In the event that contamination which has not already been identified to the Local Planning Authority (LPA) 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 (RMS) must be prepared, and is subject to the approval in writing of the Local Planning Authority. The RMS must include detailed methodologies for all works to be undertaken, site management procedures, proposed remediation objectives and remediation criteria. The approved RMS must be carried out in its entirety and the Local Planning Authority must be given two weeks written notification prior to the commencement of the remedial works.
Following completion of the approved remediation scheme a validation report that demonstrates the effectiveness of the remediation must be submitted to and approved in writing by the LPA.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
8. No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority.
Reason: To ensure that nesting birds are protected.
9. The Arboricultural Impact Assessment (Ref - 9691), containing the Arboricultural Method Statement (Section 5.0) and Tree Protection Plan (Ref - 9691-D-AIA), submitted in support of the application shall be adhered to in full, unless otherwise agreed upon in writing by the Local Planning Authority.
Reason: To protect the trees/hedgerow during the course of development in the interest of visual amenity. to avoid any irreversible damage to retained trees pursuant to section 197 of the Town and Country Planning Act 1990 and to protect and enhance the appearance and character of the site and locality, in accordance with Local Plan Policy SCLP10.4
10. 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 safeguard the contribution to the character of the locality provided by the trees and hedgerow.
11. Within 3 month(s) of commencement of development, precise details of a scheme of landscape works (which term shall include tree and shrub planting, grass, earthworks, driveway construction, parking areas patios, hard surfaces etc, and other operations as appropriate) at a scale not less than 1:200 shall be submitted to and approved in writing by the local planning authority.
Reason: To ensure that there is a well laid out landscaping scheme in the interest of visual amenity.
12. The approved landscaping and planting works 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. Any plant material removed, dying or becoming seriously damaged or diseased within five years of planting shall be replaced within the next available planting season and shall thereafter 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.
13. No development shall commence until a detailed method of construction statement has been submitted to and approved by the Local Planning Authority. This statement shall set out hours of construction/activity on site, the location of parking areas for construction vehicles and delivery hours for materials and equipment to the site before and during construction. Thereafter the approved construction statement shall be adhered to throughout the construction of the development.
Reason: To reduce the potential impacts of noise pollution and additional vehicular movements in this area of Pine Grove and Lower Road during the construction phase of the development.
14. No development shall commence until full details of the proposed finished ground, floor, eaves and ridge levels, have been submitted to and approved by the Local Planning Authority. These details shall be submitted in the form of spot heights on a block plan and on at least one cross section through the site and proposed dwelling. Thereafter the development shall be constructed in its entirety in accordance with the approved levels. (see informative 5)
Reason: To ensure a satisfactory relationship between the proposal, the existing ground levels, the existing dwellings, and Lower Road in the interests of visual amenity.
15. Notwithstanding the provisions of Class A of Part 2 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order re-enacting the Order with or without modification), no fences, gates or walls shall be erected unless otherwise agreed with the local planning authority.
Reason: To enable the Local Planning Authority to retain control over such features in the interests of preserving the verdant nature of the locality. Due to the change in ground levels, any solid means of enclosure has the potential to be very prominent and negatively impact the visual amenity of the area, especially in views from Lower Road.
16. Notwithstanding the provisions of Class E of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order re-enacting the Order with or without modification), no outbuildings, enclosures, swimming or other pools or containers for domestic heating purposes shall be erected unless otherwise agreed with the local planning authority.
Reason: To enable the Local Planning Authority to retain control over such features in the interests of preserving the verdant nature of the locality. Due to the change in ground levels, any solid means of enclosure has the potential to be very prominent and negatively impact the visual amenity of the area, especially in views from Lower Road.
Informatives:
1. The Local Planning Authority has assessed the proposal against all material considerations including planning policies and any comments that may have been received. The planning application has been approved in accordance with the objectives of the National Planning Policy Framework and local plan to promote the delivery of sustainable development and to approach decision taking in a positive way.
2. The applicant is advised that the proposed development may require the naming of new street(s) and numbering of properties/businesses within those streets and/or the numbering of new properties/businesses within an existing street. This is only required with the creation of a new dwelling or business premises. For details of the address charges please see our website https://www.eastsuffolk.gov.uk/planning/street-naming-and-numbering or email llpg@eastsuffolk.gov.uk.
3. The application site and/or adjacent land is sloping ground. As set out in the NPPF, the responsibility and subsequent liability for safe development and secure occupancy of the site rests with the developer and/or landowner. Although the Local Planning Authority has used its best endeavours to determine the application on the basis of the information available to it, this does not mean that the land is free from instability. It has been a material planning consideration of the Local Planning Authority in determining this application, however it does not imply that the requirements of any other controlling authority would be satisfied; in particular, the granting of this planning permission does not give a warranty of support or stability.
4. The applicant is advised, that it is expected that the boundary around the rear garden/amenity space will be a planted boundary treatment, given the character of the locality. Such details could form part of the submission to discharge condition 11.
5. The applicant is advised that it is expected that the details of levels required by Condition 14, are detailed relative to a recognised datum (i.e. OS Datum Newlyn) or to at least two relatively fixed points nearby that are unlikely to alter significantly during construction (e.g. the centre line of the carriageway on Lower Road).