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The Committee received report ES/1179 of the Head of Planning and Coastal Management, which related to planning application DC/21/4436/FUL.
The application sought planning permission for the partial rebuild of an existing derelict barn and change of use to a holiday let. The proposed holiday let would be located outside of the settlement boundary and would be contrary to policy WLP8.15 of the Waveney Local Plan (the Local Plan) as the holiday let would comprise of a permanent building and would not meet any of the criteria as set out in policy WLP8.15.
As the application was a departure from the development plan it had been referred directly to the Committee for determination.
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 shown an aerial photograph of the site. The Planner displayed three-dimensional visualisations looking north into the application site.
The Committee received photographs looking into the site, within the site and showing historic views of the derelict barn prior to its roof collapsing. The Planner outlined that the proposed development sought to replicate much of the form of the original building.
The Planner displayed the existing and proposed block plans and elevations, highlighting that much of the existing brickwork would be retained in the development. The Committee was advised that the proposed development was within the existing footprint.
The material planning considerations and key issues were summarised as the principle of development, sustainability and tourism benefits, design, amenity, highways and RAMS.
The Chairman invited questions to the officers.
The Planner explained that although some areas of the existing structure required complete reconstruction, the overall project was considered a partial rebuild as existing structural framework and brickwork would be retained.
There being no public speaking on the application the Chairman invited the Committee to debate the application that was before it.
Councillor Rivett said he was aware of the site and welcomed it coming back into use in a new way. Councillor Rivett was content with the design and proposed that the application be approved.
Councillor Ceresa seconded the proposal to approve the application and considered it positive that existing brickwork was being utilised in the development.
The recommendation to approve the application having been proposed and seconded, the Chairman moved to the vote and it was unanimously
RESOLVED
That the application be APPROVED subject to conditions.
Conditions:
1. The development hereby permitted shall be begun within a period of three years beginning with the date of this permission.
Reason: In accordance with Section 91 of the Town and Country Planning Act 1990 as amended.
2. The development hereby permitted shall be completed in all respects strictly in accordance with:
- Site Location Plan and Existing Block Plan, 21-218 101, received 23/09/2022,
- Proposed Block Plan, 21-218 102, received 23/09/2022,
- Proposed Elevations - East & West, 21-218 108B, received 30/03/2022,
- Proposed Elevations - South, 21-218 109A, received 30/03/2022,
- Proposed Elevations - North, 21-218 107A, received 30/03/2022,
- Proposed Ground Floor Plan, 21-218 105B, received 30/03/2022,
- Proposed First Floor Plan, 21-218 106A, received 30/03/2022,
- Structural Report, REPORT NO. 22-024R_001, received 30/03/2022,
- Design and Access Statement, C (31-03-22), received 31/03/2022,
for which permission is hereby granted or which are subsequently submitted to and approved by the Local Planning Authority and in compliance with any conditions imposed by the Local Planning Authority.
Reason: For the avoidance of doubt as to what has been considered and approved.
3. The materials and finishes shall be as indicated within the submitted application and thereafter retained as such, unless otherwise agreed in writing with the local planning authority.
Reason: To ensure the satisfactory appearance of the development in the interests of visual amenity.
4. No development (including any construction, demolition, site clearance or removal of underground tanks and relic structures) approved by this planning permission, shall take place until a site investigation consisting of the following components has been submitted to, and approved in writing by, the local planning authority:
a) A desk study and site reconnaissance, including:
- a detailed appraisal of the history of the site;
- an inspection and assessment of current site conditions;
- an assessment of the potential types, quantities and locations of hazardous materials and contaminants considered to potentially exist on site;
- a conceptual site model indicating sources, pathways and receptors; and
- a preliminary assessment of the risks posed from contamination at the site to relevant receptors, including: human health, ground waters, surface waters, ecological systems and property (both existing and proposed).
b) Where deemed necessary following the desk study and site reconnaissance an intrusive investigation(s), including:
- the locations and nature of sampling points (including logs with descriptions of the materials encountered) and justification for the sampling strategy;
- an explanation and justification for the analytical strategy;
- a revised conceptual site model; and
- a revised assessment of the risks posed from contamination at the site to relevant receptors, including: human health, ground waters, surface waters, ecological systems and property (both existing and proposed).
All site investigations must be undertaken by a competent person and conform with current guidance and best practice, including: BS10175:2011+A2:2017 and the Land Contamination Risk Management (LCRM).
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.
5. No development (including any construction, demolition, site clearance or removal of underground tanks and relic structures) approved by this planning permission, shall take place until a detailed remediation method statement (RMS) has been submitted to, and approved in writing by, the LPA.
The RMS must include, but is not limited to:
- details of all works to be undertaken including proposed methodologies, drawings and plans, materials, specifications and site management procedures;
- an explanation, including justification, for the selection of the proposed remediation methodology(ies);
- proposed remediation objectives and remediation criteria; and
- proposals for validating the remediation and, where appropriate, for future maintenance
and monitoring.
The RMS must be prepared by a competent person and conform to current guidance and best practice, including the Land Contamination Risk Management (LCRM).
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.
6. Prior to any occupation or use of the approved development the RMS approved under condition 5 must be completed in its entirety. The LPA must be given two weeks written notification prior to the commencement of the remedial works.
Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
7. A validation report must 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 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.
8. 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.
9. The premises herein referred to shall be used for holiday letting accommodation and for no other purpose (including any other purpose in Class C3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987). The duration of occupation by any one person, or persons shall not exceed a period of 56 days in total in any one calendar year, unless the Local Planning Authority agrees in writing to any variation.
The owners/operators of the holiday units hereby permitted shall maintain an up-to-date Register of all lettings, which shall include the names and addresses of all those persons occupying the units during each individual letting. The said Register shall be made available at all reasonable times to the Local Planning Authority.
Reason: To ensure that the development is occupied only as bona-fide holiday accommodation, having regard to the tourism objectives of the Local Plan, and in order that the local planning authority may retail control over this development.
10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order) (with or without modification), no building, structures, or alterations permitted by Classes A (extensions or alterations), B (additions to the roof), C (Alteration to the roof), D (Porches) or E (buildings or enclosures within the curtilage of the house) of Schedule 2 Part 1 of the Order shall be erected or made without the submission of a formal planning application and the granting of planning permission by the Local Planning Authority.
Reason: To secure a properly planned development, ensure the property is retained as a holiday let, and protected the character and appearance of the street and building.
11. The use shall not commence until the area(s) within the site shown on Drawing No. 21-218
105B for the purposes of secure cycle storage has been provided and thereafter the area(s) shall be retained, maintained and used for no other purposes.
Reason: To ensure that sufficient areas for secure cycle storage are provided in accordance with Suffolk Guidance for Parking 2019 to promote sustainable travel.
12. The use shall not commence until the area(s) within the site shown on drawing no. 21-218 105B for the purposes of 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 manoeuvring would be detrimental to the safe use of the highway.
13. The areas to be provided for the storage and presentation of refuse and recycling bins as shown on Drawing No. 21-218 105B shall be provided in their 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.
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.