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The Committee considered report ES/1382 which related to planning application DC/22/3272/FUL and sought permission for the erection of a residential bungalow and all associated
works on a site located directly adjacent to the beer garden of the Old Red House Public House. Carlton Colville Town Council had raised concerns that the proposal would be out of character, result in the loss of parking, right of access, lack of charging points, flooding issues, and loss of an allotment. Due to the contrary recommendation of the Town Council, the application was referred to Planning Committee North by the referral panel.
Planning permission for a similar form of development was previously refused under application reference DC/21/2130/FUL on the grounds of the effect of that proposed development on the living conditions of future occupiers having regard to noise and disturbance, lighting and outlook. That decision had been appealed and dismissed by the Planning Inspectorate. The Planner explained that it was now considered that the previous reasons for refusal has been overcome, and
with no other substantive concerns raised by the Inspector in the appeal decision, the
matters had been fully addressed. The proposal was now considered to have an acceptable impact on the character and appearance of the area and street scene. Following submission of a Noise Impact Assessment, Officers were content that the proposal would provide suitable living conditions and amenity to future residents with no likely harmful impacts from the adjacent beer garden. Furthermore, the proposal would not result in any adverse impacts on Highways Safety, and the appropriate RAMS contribution has been paid to mitigate the potential impacts on nearby European Protected Sites.
The Committee received a presentation from the Planner who was the case officer for the application. The Committee viewed the site location plan, an aerial photograph, 3D visualisations of the site and contemporary photographs of the immediate surrounds. Existing and proposed block plans were shown, along with proposed elevations and floor plans. During the presentation the Planner emphasised that the proposal would formalise currently informal parking arrangements providing 2 parking spaces for the proposal and 2 parking spaces for neighbouring properties.
The Planner surmised the material planning considerations as:
- History
- Principle
- Character and appearance
- Amenity
- Highways
- Ecology, and
- Flood Risk
At the invitation of the Chairman Members asked questions of Officers. In response to questions The Planner and the Planning Manager confirmed:
- That the extant informal parking arrangements would be made formal by the proposed development
- The existing garages were owned by the applicant and would be demolished
- The pub was closed at the time the application was made
- The land was currently used as private allotment land
- Access to the site was used by multiple vehicles from the surrounding properties
- The small scale of the development mitigated the need for a Construction Management Plan.
Councillor Ceresa queried whether the loss of allotment land was compliant with Local Plan policies. The Planning Manager explained that only Statutory Allotments were protected by the Local Plan, and the site in question was a privately owned allotment. Similarly, it was not designated open space.
The Chairman called upon Alison Ayers, Town Clerk of Carlton Colville Town Council, whom had registered to speak on behalf of the Town Council. Ms Ayers explained that despite the changes to the proposal and the re-orientation of the bungalow, the Town Council had sustained its Objection from the original scheme and re-stated its material objections as follows:
- The proposal was out of character for the heart of the village and the style of houses in its immediate proximity contrary to WLP 8.172
- There would potentially be a loss of 4 car parking spaces
- There was a questionable right of access over the Public House land
- There was no vehicle charging point
- There was a risk of flooding and a concealed water way
- There would be a loss of allotment contrary to policies WLP 8.33, WLP 8.29 and WLP 8.34
- The proposal did not accord with the National Planning Policy Framework (NPPF) which stated that developments should create places with a high standard of amenity for existing and future users
- Parts of the land, and Beccles Road would be under water in winter months (and contemporary photographs illustrating the road being flooded were provided).
Ms Ayers explained that the Public House had now re-opened and was concerned that the noise impact assessment had taken place when the Public House was closed. The proposal to mitigate noise using an acoustic fence would, in the view of the Town Council, create a tunnelling effect. Furthermore, the proposal did not satisfy WLP 8.171 as it did not deliver a good standard of amenity for existing and future occupiers, and would generate significant harmful effects which would include overlooking, loss of privacy, noise and light pollution. Overall, the Town Council expressed its dissatisfaction that Officers had not taken account of local opinion.
The Chairman thanked Ms Ayers for representing the views of the Town Council and invited Members to ask Ms Ayers questions. Councillor Brooks asked for confirmation that the current parking arrangement was informal, and observed that since the land was in the ownership of the applicant, then that informal arrangement could cease. Ms Ayers concurred that the extant parking arrangement was informal.
Councillor Goldson questioned how the Town Council would view the integration of any future application for the large mixed use site allocation of 900 dwellings WLP2.16 (Land South of The Street) which was immediately behind the proposed site. Ms Ayers explained that the Town Council anticipated that its Neighbourhood Plan would be agreed before any application was made for that site.
In response to questions from Councillors Pitchers and Coulam, Ms Ayers confirmed that recent flooding on The Street had been caused by heavy rain water, rather than the stream; the site was close to Mardle Road, which was mainly comprised of modern bungalows; and confirmed that the Public House was fully operational now. The Chairman observed that he had recently driven down The Street and concurred that the flooding was caused by rainwater.
There being no further questions, the Chairman invited the Applicant's representative Graham Nourse to address the Committee. Mr Nourse was pleased that the concerns expressed with the previous application had been addressed within the current proposal. It was clear that the Planning Inspector had not been concerned by the location of the site, nor parking matters. A noise impact assessment had now been undertaken and the Landlord of the public house had written in support of the application. Mr Nourse emphasised that the proposed conditions would make use of a site within the settlement boundary to provide a smaller home to address local housing need, appropriately landscaped and fully compliant with Local Plan policies. At the invitation of the Chairman, Mr Nourse responded to a question from Councillor Coulam to confirm that the 2 extant garages on the site were owned by the applicant, but were not currently used for garaging. The Chairman thanked Mr Nourse for his participation and invited the Planning Manager to speak.
The Planning Manager strongly refuted the assertion that Officers had not listened to local opinion, for both this item and the previous item. The report before Members was clear and reflected all of the views that had been expressed, each of those views had been considered by Officers and responded to within the report, both reports being 10 pages long. The application was being considered in a public meeting to which objectors were in attendance and had been afforded the opportunity to speak which had been selected as the method for determination following voting at the Referral Panel, based on local opinion. Members could therefore be satisfied that the report enabled them to make a robust decision and that local opinion had been thoroughly listened to.
Furthermore, the Planning Manager emphasised the importance of the report of the Planning Inspector which had guided the revised application and Officers' considerations. With regard to the Town Council's concerns around flooding, it was apparent that one single small dwelling was not a flooding risk; and it was cautioned that the large site allocation on Land South of The Street would include flood mitigation measures at the time of any application.
The Chairman called upon Members to debate the proposal. Councillor Goldson echoed the Planning Manager's rebuttal of the Town Council's opinion that Officers had not listened to local opinion and was content with the report, the application of policy and that the Inspector's reasoning had been satisfied. Accordingly, Councillor Goldson proposed approval of the Officer recommendation. Councillor Pitchers observed that properties on Mardle Road consisted primarily of modern bungalows and as such observed that there was no clear vernacular for the area. Potential purchasers would be aware of the acoustic fence and would consider their purchase accordingly. Councillor Brooks sympathised with the Town Council, however it was clear that the proposal accorded with the Inspectors reasoning and that the noise mitigation proposal was satisfactory. Parking would be enabled on the site and the proposal was policy compliant, and duly seconded approval of the Officer recommendation.
Councillor Ceresa cautioned that some minor alteration to the conditions would make the proposal more palatable:
- That Condition 9 relating to tree dieback be adjusted from 3 years to 5 years
- That the construction site be entered and left by vehicles only in a forward gear
- That the construction management plan excludes working on weekends, late evenings and bank holidays, and
- The removal of future permitted development rights.
The Planning Manager was satisfied that alteration 1 relating to Condition 9 was acceptable and consistent with recent approvals. However alteration 2 would not be enforceable and it would not be desirable to limit future permitted development rights as proposed in alteration 4 and an existing easement restricted further development also. The Planning Manager re-stated that alteration 3 was not required on a small development. The Planning Manager was however content to include a standard condition to assuage alteration 3 that during the construction of the dwelling, no construction works shall take place outside of the following hours: 07:30 to 18:00 Monday to Friday and 08:00 to 12:00 (Noon) Saturdays.
The Proposer and Seconder were content with the two alterations only as expressed by the Planning Manager, accordingly the Chairman moved to the vote and it was by a majority
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 the:
- Location Plan and blocks plans, 2742.21.3C, received 25/10/2022,
- Proposed plans, 2742.21.2E, received 25/10/2022,
- Noise Impact Assessment, IEC/4401/01/AVH, received 16/08/2022,
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. The use shall not commence until the area(s) within the site shown on drawing no.2742.21.2E 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.
5. Prior to construction above slab level 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.
6. The areas to be provided for the storage and presentation for collection/emptying of refuse and recycling bins as shown on Drawing No. 2742.21.2E 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.
7. In the event that contamination is found or suspected at any time when carrying out the approved development it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be completed in accordance with a scheme to assess the nature and extent of the contamination on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons 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 scheme must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. The approved remediation scheme must be carried out in accordance with its terms.
The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of 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 ORBH that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
8. Prior to the first occupation of the dwelling, hereby permitted, the 2.4m high Acoustic fence as shown on drawing 2742.21.2E, and detailed within the Noise Impact Assessment (IEC/4401/01/AVH), shall be installed, and shall thereafter be retained in this approved form.
Reason: To protect the amenity of future residents from the adjacent Public House and Beer Garden.
9. Prior to development above slab level full details of the soft landscape works, shown on drawing 2742.21.2E, shall be submitted to and approved in writing by the Local Planning Authority. These details shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of
plants, noting species, plant sizes and proposed number/densities where appropriate; implementation programme.
The approved landscaping scheme shall be completed within 6 months of the first occupation of the dwelling, hereby permitted. Any trees or plants which die during the first 5 years shall be replaced during the next planting season.
Reason: To ensure the provision of amenity afforded by appropriate landscape design, and to provide amenity benefits to future residents.
10. During the construction of the dwelling, hereby permitted, no construction works shall take place outside of the following hours:
- 07:30 to 18:00 Monday to Friday
- 08:00 to 12:00 (Noon) Saturdays
Reason: To protect the amenity of neighbouring land users during the construction phase.