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The Committee received report ES/0740 of the Head of Planning and Coastal Management, which related to planning application DC/20/5019/FUL.
The application sought the use of land opposite the Village Hall (western side of the B1116), Framlingham Road, Dennington for the siting of a 'mock-barn' style building for use as a Nursery School and Day Care Facility [Use Class E(f)] for provision of the relocation of Badingham Playschool from its existing location at Badingham Village Hall.
The application had been referred to the Committee for determination in accordance with the Scheme of Delegation set out in the East Suffolk Council Constitution as the application was, in the opinion of the Head of Planning and Coastal Management, of significant public interest.
The Committee received a presentation on the application from the Senior Planner, who was acting as the case officer.
The site's location was set out. The Senior Planner demonstrated the site's relationship to neighbouring Grade II listed dwellings and the Grade I listed church to the north, as well as parish allotments and the village of Dennington itself. The Committee was advised that the site was deemed to be in the countryside for planning purposes, but abutted the village settlement boundary.
The existing block plan was displayed, and the Committee received an aerial photograph of the site.
A map highlighting the location of the nearby listed buildings was displayed; the comments received from both Historic England and the Council's Design and Conservation Officer suggested that the harm that would be caused by the development to be low to the existing buildings and medium to low to the conservation area.
The Senior Planner highlighted that the site was allocated for development in policy SCLP12.49 of the Suffolk Coastal Local Plan.
A wider context block plan, proposed block plan and floor plan were displayed to the Committee. The Committee was also shown the proposed elevations and landscaping.
A video of the site, taken from the southern end, was played to the Committee.
Various photos looking in and out of the site, and its surroundings, were shown to the Committee.
The material planning considerations and key issues were summarised as the principle of development, the impact on heritage assets, the impact on the Dennington Conservation Area, the impact on the landscape, highways safety, and residential amenity.
The recommendation to approve, as set out in the report, was outlined to the Committee.
The Chairman invited questions to the officers.
In response to a question on the lack of detail regarding the external finishing, the Senior Planner confirmed that there was a proposed condition to require the submission of these details before development took place.
The Senior Planner noted that the majority of representations in favour of the application came from the immediate area surrounding Dennington, with a few from further afield. Objections to the application had been received from dwellings neighbouring the application site.
The Chairman invited Geraldine Schofield, who objected to the application, to address the Committee.
Ms Schofield queried the reasons for locating such a development within a conservation area and asked who would benefit from it and how it would be funded. Ms Schofield stated that the site was not opposite the Village Hall and the land was not a paddock but was arable farming land opposite the old rectory.
Ms Schofield highlighted that the development would serve 50 under-five children and although a modular design was proposed, she considered that there was no real indication on what the structure would be. Ms Schofield was of the view that the access visibility splay was not sufficient and lighting on the site wold be intrusive; she added that there was no indication on how the building would be heated or powered.
It was Ms Schofield's view that the building would not enhance the character or appearance of the area. Ms Schofield stated that the building would have no public transport links, no pedestrian access and would be an isolated site; she queried how people would be able to walk to the site using a pushchair and was of the view that traffic in the area would increase as people used cars to access the site.
Ms Schofield added that the site was at the opposite end of the village to the local primary school and that the children accessing the early years provision would not be coming from Dennington or Badingham.
There being no questions to Ms Schofield the Chairman invited Michele Cole, the applicant, to address the Committee.
Ms Cole outlined the history of the playschool charity behind the Nursery School and how it had risen to meet the challenges of the increased regulations of early years provision. The Nursery School had received an 'Outstanding' rating from Ofsted and had received multiple awards for its work, meeting the quotas set by Suffolk County Council and providing flexible arrangements for working parents.
Ms Cole stressed that the Nursery School now needed a dedicated building to continue and had received incredible support from the community, including residents who had benefitted from the Nursery School's services in the past. Ms Cole quoted the Duchess of Cambridge's comments on the importance of early years provision and noted that such provision was about preparing the next generation of adults to influence what society would become.
The COVID-19 pandemic had highlighted importance of the provision offered by the Nursery School and Ms Cole noted that a dedicated staff meant families had continued to join despite a less than ideal set up. Ms Cole acknowledged the concerns about the location of the site in the Dennington Conservation area but considered it an opportunity to teach children about the beauty of the countryside, which would encourage them to value it as adults.
Ms Cole concluded by saying that the site would be at the heart of the village and would enable closer links with the local primary school.
The Chairman invited questions to Ms Cole.
Ms Cole confirmed that several sites had been investigated over the last two years and that advice had been received from Planning officers that the site should be located in the community the Nursery School served, which limited the sites that could be considered. Ms Cole noted that the setting had been approached by the Dennington Village Hall Committee and the landowners and the site had been highlighted as the most suitable one available.
Ms Cole said that the number of children attending the Nursery School from outside of Dennington fluctuated year on year; some children came from outside of the village and a number had siblings attending the local primary school.
The Chairman invited Councillor Maurice Cook, Ward Member for Dennington, to address the Committee.
Councillor Cook declared that he had no interests in the application, and that although he had been lobbied on it he had only replied to acknowledge receipt of correspondence. Councillor Cook considered that the building would provide permanent accommodation for the Nursery School, which had been rated 'Outstanding' by Ofsted and provided an excellent service to the village of Dennington and the wider community.
Councillor Cook noted that the Nursery School had been required to leave the Village Hall and use a local scout hall, which had impacted on the service it could provide. Councillor Cook stated that there was significant support for the application from local communities in the area; he acknowledged the objections to the application but considered it had been sensitively made and limited detriment to other site lines.
Councillor Cook supported the approval of what he considered to be a much needed facility and noted that the County Councillor for the Framlingham Division, Councillor Stephen Burroughes, also supported the application.
There being no questions to Councillor Cook, the Chairman invited the Committee to debate the application that was before it.
Several members of the Committee spoke in support of the application, noting that its benefits far outweighed its disadvantages and that it would provide a much needed early years provision in the area.
Another member of the Committee urged a note of caution and said that, although he was not against the application or the principle of development, he was concerned about the lack of specific details on materials and finish, particularly as the application site was located within a Conservation Area. The Member asked how the application could be approved without such detail and still protect the Conservation Area.
In reply, the Planning Manager stated that it was not uncommon for planning permissions to attached conditions relating to materials and finish, to allow for any minor changes during the three-year time limit to discharge the permission. The Planning Manager assured the Committee that any materials would need to be submitted and approved through a discharge of conditions application, noting that if the Committee so wished any such application could be brought before the Chairman and Vice-Chairman for final approval.
A member of the Committee, in support of the application, queried if a condition could be attached to limit the building's use as a community asset. The Planning Manager advised that this was not possible and that planning conditions could not pre-empt future use of a site. If a subsequent application for a change of use was made the Planning Manager advised that it would need to be considered under relevant policies at the time it was made.
There being no further debate the Chairman moved to the recommendation approve the application, as set out in the report.
On the proposition of Councillor Yule, seconded by Councillor Deacon it was by a unanimous vote
RESOLVED
That the application be APPROVED subject to the imposition of appropriate conditions, as listed below:
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 Drawing No's BPS/238/A1/05C, BPS/238/A1/04B, BPS/238/A1/01B and the Landscape Plan (August 2020) received 08/12/2020.
Reason: For avoidance of doubt as to what has been considered and approved.
3. No development shall commence until details of the roof, wall materials and finishes to be used have been submitted to and approved by the local planning authority.
Reason: To ensure satisfactory appearance of the development in the interests of visual amenity.
4. Prior to the installation of any fenestration of the hereby approved development, details of materials, finishes, method of opening, glazing and colour of all new or replacement windows, roof lights and doors and their surrounds to be installed shall be submitted to and approved, in writing, by the Local Planning Authority and shall thereafter be entirely implemented as approved.
Reason: To ensure satisfactory appearance of the development in the interests of visual amenity.
5. Within three month(s) of commencement of development, precise details of a scheme of hard landscape works (which shall include boundary treatment (proposed fencing), 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.
6. 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 5 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.
7. Development must be undertaken in accordance with the ecological avoidance, mitigation, compensation and enhancement measures identified within the Preliminary Ecological Appraisal (PEA) (Greenlight Environmental, August 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.
8. No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless a competentecologist 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. Prior to any above ground works taking place, a "lighting design strategy for biodiversity" for the development shall be 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 the above 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. No part of the development shall be commenced until details of the proposed access have been submitted to and approved in writing by the Local Planning Authority. The approved access shall be laid out and constructed in its entirety prior to any other part of the development taking place. Thereafter the access shall be retained in its approved form.
Reason: To ensure that the access is designed and constructed to an appropriate specification and made available for use at an appropriate time in the interests of highway safety.
11. The areas to be provided for storage of Refuse/Recycling bins as shown on drawing number BPS/238/A1/05 C Rev. C shall be provided in its entirety before the development is brought into use and shall be retained thereafter for no other purpose.
Reason: To ensure that refuse recycling bins are not stored on the highway causing obstruction and dangers for other users.
12. The use shall not commence until the area(s) within the site on dwg. no. BPS/238/A1/05 C Rev. C for the purposes of Loading, Unloading, manoeuvring and parking of vehicles has been provided and thereafter that area(s) shall be retained and used for no other purposes.
Reason: To enable vehicles to enter and exit the public highway in forward gear in the interests of highway safety.
13. Before the access is first used visibility splays shall be provided as shown on Drawing No. BPS/238/A1/05 c Rev. C 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 over 0.6 metres high shall be erected, constructed, planted or permitted to grow within the areas of the visibility splays.
Reason: To ensure vehicles exiting the drive would have sufficient visibility to enter the public highway safely and vehicles on the public highway would have sufficient warning of a vehicle emerging in order to take avoiding action.
14. The working hours in connection with the use/buildings hereby permitted, shall not be other than between 08:00am and 18:00pm Monday to Friday; and no work shall be carried out on Saturdays, Sundays, or Bank Holidays, or outside the specified hours, unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of amenity and the protection of the local environment.
15. No more than 50 children shall attend the nursery school/day care facility during any morning or afternoon session unless otherwise agreed in writing with the Local Planning Authority.
Reason: In the interests of the protection of the residential amenity of the surrounding area and in the interests of highway safety.
16. The premises herein referred to, shall be used as a nursery school/day care and for no other purpose (including any other purpose in Class E(f) of the Schedule to the Town and Country Planning [Use Classes] Order 2020 or any Order revoking and re-enacting that Order with or without modification).
Reason: In order that the Local Planning Authority may retain control over this development/site in the interests of amenity and the protection of the local environment.
17. Prior to the installation of air source heat pumps, air conditioning, extract ventilation, refrigeration or any other fixed plant, details of the equipment, its location, acoustic housing and any vibration isolation measures, together with the projected noise levels at the boundary of the property shall be submitted to the Local Planning Authority and only approved plant shall be installed and retained in the approved from thereafter.
Reason: In the interests of residential amenity and protection of the local environment.
18. No mezzanine, entresol or additional floors shall be inserted within the hereby permitted building, except pursuant to the grant of planning permission on an application made in that regard.
Reason: To prevent intensification of use that may result in detrimental impact on nearby residential amenity and highways safety due to potential increase in traffic.
19. 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: BS 10175:2011+A1:2013 and CLR11.
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. 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 CLR11.
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. Prior to any occupation or use of the approved development the RMS approved under condition 20 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.
22. 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.
23. 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. Unless agreed in writing by the LPA 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 BS 10175:2011+A1:2013 and CLR11) 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.
24. Prior to the first use, a Noise Management Plan (NMP) shall be submitted to the local planning authority for approval. The NMP shall set out controls to minimise noise from outdoor play, and from vehicles associated with drop-off and pick-up, and include procedures for recording and dealing with any noise complaints that may arise.
Reason: In the interests of residential amenity and protection of the local environment.
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 www.eastsuffolk.gov.uk/planning/street-naming-and-numbering or email llpg@eastsuffolk.gov.uk.
3. Note: 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's East Area Manager must be contacted on Telephone: 01728 652400. Further information can be found at: http://www.suffolk.gov.uk/environment-andtransport/highways/dropped-kerbs-vehicular-accesses/.
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.
4. The construction of the access appears to affect a drainage ditch along the boundary of the site which may require Land Drainage Consent from Suffolk County Council. The applicant is advised to contact Suffolk County Council's Flood and Water Management Team prior to commencing works for the access.