6
The Committee received report ES/0767 of the Head of Planning and Coastal Management, which related to planning application DC/21/0541/FUL.
The proposal was a hybrid planning application for the redevelopment of the former Deben High School on Garrison Lane in Felixstowe. The application had been made in two parts; the full aspect dealt with the residential element of the proposal and the outline submission related to the sports provision.
The application was before the Committee as East Suffolk Council was both the applicant and landowner and therefore in accordance with the Scheme of Delegation, as set out in the East Suffolk Council Constitution, there was a requirement for this application to be determined by Elected Members.
The Committee received a presentation on the application from the Planning Manager, who was acting as the case officer.
The site's location was outlined and the Planning Manager detailed the history of the site; most recently it had been used by Felixstowe International College and prior to that was the former Deben High School site. The site had initially been vacated when Deben High School and Orwell High School became Felixstowe Academy (now Felixstowe School) and relocated to a new site.
A map was displayed outlining the areas of the site subject to full and outline permission; it was proposed that the existing access from Garrison Lane be retained.
The site was described as being approximately a six minute walk from Felixstowe town centre and was served by bus stops directly in front of the site on Garrison Lane.
The Planning Manager confirmed that the open amenity space would be open to the public and create an additional benefit to the wider area.
The Committee was shown photographs of the site from Garrison Lane detailing the site entrance, the existing school buildings and looking to the north of the site.
The existing school building was 11 metres in height; the proposed housing that would front onto Garrison Lane would be 7.3 metres high and the proposed apartment blocks 10.4 metres in height.
The Committee was shown photographs of the site from Newry Avenue, which demonstrated the gaps between the dwellings bordering the application site.
The photographs from the design and access statement were displayed; these images retained the existing school hall that would be retained as part of the development.
The Committee was shown video footage of the site taken from a drone, which highlighted the following aspects:
- The existing school hall to be retained
- The site's relationship with dwellings on Newry Avenue
- The site's relationship with Garrison Lane
- The site access
- The existing sports hall to be converted
- The expanse of open space
- The site's relationship with the properties fronting to Garrison Lane
The existing block plan was displayed.
The material planning considerations and key issues were summarised as the principle of development, mix of housing and density, open space, community and sports provision, sustainability, highways and access, parking provision, design and appearance, and residential amenity.
The site was described as being in a sustainable location and on a brownfield site. The mix of housing would be tenure neutral and increase affordable housing in Felixstowe; the percentage of affordable housing unit proposed exceeded the minimum required and it was highlighted hat over 400 people with a relationship to the town were on the housing waiting list.
The development was stated to open the site to the public through the open space and the community and sports provision that would be provided. The existing school hall would be retained for community use and play streets would be created. The Planning Manager displayed examples and concept images of play streets and a community garden.
The Planning Manager stated that the housing units would be built to the passivhaus standard and sustainability would be incorporated in a holistic way.
It was highlighted that the site was within walking distance of Felixstowe town centre and an existing bus provision existed. The site was also noted to be located in close proximity to Felixstowe railway station.
Parking would be allocated on a 1:1 basis for residential units and the Planning Manager confirmed that cycle parking would be provided. The site was intended to be a pedestrian led environment, with vehicular movements being kept to a minimum. The Planning Manager considered that this would create long-term sustainability and carbon reduction throughout the life of the development and that the site was a sustainable location with access to shops and other amenities.
The Committee was provided data from the 2011 census that supported the 1:1 parking provision proposed. The Planning Manager highlighted the number of vehicular movements associated with the site when used as a school and noted that what was proposed would be a lower use than what could be reverted to on the site.
The Committee was shown concept images of the site displaying aerial views, looking out to the open site, through the site, the frontage facing Garrison Lane, and the community garden.
The Planning Manager highlighted that the fenestration arrangements for blocks H02 and D had been amended to remove overlooking to properties on Newry Avenue. A level of separation and boundary vegetation was considered significant to mitigate any overlooking from roofs and balconies. The Planning Manager considered that there would be no significant shadowing caused to existing properties and considered the impact of the development on residential amenity in the area to be acceptable.
The recommendation to approve the application, as set out in the report, was outlined to the Committee.
The Chairman invited questions to the officers.
The Planning Manager confirmed that Suffolk County Council, as the Highways Authority, were content with the existing access being retained for the site and had considered it would be used less frequently than it was when the site operated as a school.
The Committee was advised that the roof of the apartment block would be used for solar panels; each dwelling would have two windows and although it was considered the balconies would not negatively impact residential amenity, it could be conditioned that opaque screening be used to minimise overlooking.
The Planning Manager stated that no noise objections had been received in relation to the ground source heat pumps and that a management company would be formed to maintain the public open spaces.
It was confirmed that the sports hall would not be extended in height.
It was the Planning Manager's understanding that the open space at the rear of the development would remain under the ownership of East Suffolk Council. It was proposed that this area be retained as an open space and would be both open to the public and used by Felixstowe Cricket Club. The Planning Manager advised that any future development of the open space would need to be subject to a separate application.
In response to a question on access to the sports provision on the site, the Planning Manager advised the Committee that these details were in outline form and would be confirmed by a future reserved matters application. The Committee was assured that there would be sufficient parking on the site for the sports provision.
The Planning Manager reiterated that officers considered the 1:1 parking provision proposed to be acceptable.
It was confirmed that significant attention was being paid to disabled access of the properties; the Planning Manager suggested that the applicant could provide more detail about this.
The Chairman invited Steven Wiggins, who objected to the application, to address the Committee.
Mr Wiggins advised that he was a resident of Newry Avenue and wanted to talk about the height and location of the existing and new buildings. Mr Wiggins contended that the height of the existing buildings stated in the officer's report included the roof form and that the buildings themselves were only 7.5 metres high at their nearest point to neighbouring properties.
Mr Wiggins noted that only one property boundary was 10.5 metres away from the existing buildings and the remainder were 11.2 metres away, due to the indentation of the building. Mr Wiggins highlighted that the majority of properties on Newry Avenue bordering the site were overlooked by flat roof extensions to the school building and were approximately 7.2 and 8.6 metres away from the boundary, respectively. Mr Wiggins highlighted that the proposed Block D would be 10.9 metres high and only 7.5 metres from the boundary.
Mr Wiggins pointed out the comments made by Felixstowe Town Council in respect of the application and considered that the Committee should pay them due regard as the comments of the elected representatives of Felixstowe.
There being no questions to Mr Wiggins the Chairman invited Bridget Law, Housing Programme Manager and representing the Council as the applicant, to address the Committee.
Ms Law described the application as an exciting, mixed use scheme, that would retain and refurbish two existing buildings and provide 61 homes built to passivhaus standards. Ms Law noted that East Suffolk Council had declared a climate emergency and was looking to address this through this application.
Ms Law explained that the provision of homes would reduce running costs for residents. The development had been designed to be pedestrian led, keeping vehicular movements to a minimum, whilst providing designated parking for residents. Ms Law considered that this would create safe spaces for residents to walk and socialise.
The Committee was advised that the housing proposed did not exceed the height of the existing school building on the site and that the boundary would be broken up by the balconies proposed for the apartment block. Ms Law confirmed that the development would be tenure neutral and there would be a consistent design across the site.
Ms Law reiterated that over 400 people linked to Felixstowe were on the housing waiting list, with several of those people being in housing need. Ms Law concluded by asking the Committee to consider the ecological benefits of the proposal and considered that approving the application would be testament to East Suffolk Council's innovative future plans.
There being no questions to Ms Law the Chairman invited Councillor Tracey Green, Ward Member for Western Felixstowe, to address the Committee.
Councillor Green advised that she had been in regular contact with residents of Newry Avenue regarding the application. Councillor Green highlighted comments she had received from the residents at 10 Newry Avenue, who supported the development in principle but had concerns about the overlooking from block D, given its height and proximity to the site boundary.
These residents had also noted the comments of Felixstowe Town Council and had advised Councillor Green that they considered the information on similar heights to be misleading, and had asked her to advise the Committee that the school occupancy was not 24/7 and had suggested the height of block D be reduced.
Councillor Green considered that the people of Felixstowe wanted to see this site be award winning and exemplary, but was concerned that the four-bedroom properties would park additional vehicles elsewhere in the community and considered the provision of cycle parking had been overestimated.
Councillor Green sought assurances that satellite dishes on the apartment block would be limited and that the maintenance of the community garden be in residents' occupancy agreements. Councillor Green also asked the Committee to consider the proposed height of block D.
There being no questions to Councillor Green, the Chairman stated she wished to ask questions of the Planning Manager relating to the management of the community garden and the installation of satellite dishes on the apartment block.
The Planning Manager confirmed that the contracts and deeds for each dwelling would contain conditions for managing private amenity space and that that a management plan would also be conditioned to ensure that community areas were appropriately managed. With regard to satellite dishes, the Committee was advised that this would be controlled under covenant rather than planning condition.
The Chairman invited the Committee to debate the application that was before it.
A member of the Committee, who was also Ward Member for Western Felixstowe, welcomed the use of a brownfield site and the provision of housing, describing the ecological and sustainable aspects as laudable, but noted the number of concerns raised about the development.
The Member was concerned about the provision of parking for residents proposed and noted that this was a material planning consideration and highlighted that the Highways Authority had objected to the reduction in the required number of spaces on this site. The Member considered that, in reality, residences would need to access other services in the area and did not consider that residents would consider using public transport as an alternative option to having multiple cars per household, and that this would have a negative impact on nearby roads.
The Member also noted that the site had been used previously for educational purposes, which was a less intense kind of use than what was being proposed; he added that the height comparisons between the existing and proposed buildings was not a like for like situation. The Member added that he was concerned that overlooking from balconies, although mitigated, would still have a negative impact on residential amenity, and also create noise issues for neighbouring residents.
The Member welcomed the principle of development said that the valid material planning concerns could not outweigh the benefits offered by the development and urged the Committee to refuse it.
Another member of the Committee, who was also Ward Member for Western Felixstowe, spoke in support of the application. The Member considered there was a demonstrable need in the area for housing and that the site was unique in that it was owned by the Council and could be used to be provided ecologically friendly and affordable housing, on the footprint of the former Deben High School, as well as provide amenity space and sports provision, such as for the local bowls club who would be displaced when the new leisure centre was built.
The Member understood the concerns of neighbours but was satisfied that, in planning terms, the distance between the site and neighbouring properties meant that impact would be minimal on residential amenity. The Member highlighted that the design had been praised by the Suffolk Preservation Society and considered the 1:1 parking provision was satisfactory, highlighting that only 50% of the Council's housing stock had allocated parking and the low percentage of affordable housing tenants that had access to one or two private vehicles.
The Member concluded by saying he made no apologies for supporting the application and stated that the Council had a duty of care to provide affordable housing for its residents. The Member considered that the benefits of the application outweighed the harm that would be caused, but suggested that opaque screening be used for the balconies of the apartment block to mitigate any overlooking.
A member of the Committee considered that the application met the bold aspirations of the Council and was a brilliant use of the site; she noted the concerns over certain issues but was confident these could be controlled through covenants and was not concerned that any overlooking would be intrusive. The Member commended the application and considered that it was well worth supporting.
It was noted by a member of the Committee that the Highways Authority had not been consistent in its approach to this application and the one considered previously by the Committee.
The Chairman concluded the debate, stating she was in favour of what she considered to be an innovate application, agreeing that its benefits outweighed the harm.
The Chairman moved to the recommendation to approve the application, as set out in the report, plus the inclusion of an additional condition for opaque screening to be used on the block D balconies to minimise overlooking.
On the proposition of Councillor Cooper, seconded by Councillor Yule it was by a majority vote
RESOLVED
That the application be APPROVED subject to the following conditions:
1. The development hereby permitted through the full application 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 subject of the outline planning permission hereby approved shall be begun within the time limits specified on the outline permission and is subject to any conditions imposed thereon.
Reason: In accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2010 (as amended)
3. a) Application for approval of any reserved matters must be made within three years of the date of this outline permission and then b) The development hereby permitted must be begun within either three years from the date of this outline permission or within two years from the final approval of the reserved matters, whichever is the later date.
Reason: In accordance with Section 92 of the Town and Country Planning Act 1990, and as amended by the Planning and Compulsory Purchase Act 2004 (applicable since 24th August 2005)
4. Samples of all external facing and roofing materials of the dwellings hereby approved shall be submitted to the Local Planning Authority before development commences. The development shall be carried out in its entirety in accordance with the approved samples.
Reason: To ensure the satisfactory external appearance of the development.
5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008 (or any order revoking and reenacting that Order) (with or without modification), no building or structure permitted by Classes A (extensions or alterations), B (changes to the roof) or E (buildings or enclosures within the curtilage of the house) of Schedule 2 Part 1 of the Order shall be erected 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.
6. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order) (with or without modification), no building, walls or fences of any kind shall be erected without the prior written consent of the Local Planning Authority.
Reason: To secure the properly planned nature of the development.
7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008 (or any order revoking and reenacting that Order) (with or without modification), no windows shall be constructed at first floor level or above in any of the dwellings hereby approved.
Reason: to preserve the amenity of existing and proposed residential properties and in the interests of preserving the quality of the design.
8. The windows serving bathrooms or en-suites at first floor or above on all the dwellings hereby approved shall be fitted with obscure glazing [glazed with opaque glass, or other appropriate screening] and shall be retained in that condition and retained as such in perpetuity.
Reason: To preserve the amenity of existing and proposed residential properties.
9. The development hereby permitted shall not be brought into use until it has been completed in all respects strictly in accordance with the following plans received on the 2 February 2021 ;, 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.
15410-A-PL-X-(03)-001 - Site Existing Plan
15410-A-PL-X-(03)-002 - Site Ground Floor Plan
15410-A-PL-X-(03)-003 - Site First Floor Plan
15410-A-PL-X-(03)-004 - Site Second Floor Plan
15410-A-PL-X-(03)-005 - Site Roof Plan
15410-A-PL-X-(05)-006 - Existing Site Elevations
15410-A-PL-X-(05)-007 - Site Elevations
15410-A-PL-X-(05)-008 - Site Sections
15410-A-PL-X-(03)-100 - Block A - ground and first floor plans
15410-A-PL-X-(03)-101 - Block A - second floor plan and roof plan
15410-A-PL-X-(05)-102 - Block A - sections
15410-A-PL-X-(05)-103 - Block A - Bay Sections and Elevations
15410-A-PL-X-(03)-104 - Block B&C A - ground floor plans
15410-A-PL-X-(03)-105 - Block B&C - first floor plans
15410-A-PL-X-(03)-106 - Block B&C - second floor plans
15410-A-PL-X-(03)-107 - Block B&C - roof plan
15410-A-PL-X-(05)-108 - Block B elevations
15410-A-PL-X-(05)-109 - Block Belevations
15410-A-PL-X-(05)-110 - Block Bbay sections and elevations
15410-A-PL-X-(05)-111 - Block Cbay sections and elevations
15410-A-PL-X-(03)-112 - Block D ground and first floor plans
15410-A-PL-X-(03)-113 - Block D second floor plan and roof plan
15410-A-PL-X-(05)-114 - Block D elevations
15410-A-PL-X-(05)-115 - Block D sections
15410-A-PL-X-(05)-116 - Housetype bay elevations
15410-A-PL-X-(03)-117 - Housetype 1 floor plans
15410-A-PL-X-(05)-118 - Housetype 1 elevations
15410-A-PL-X-(03)-119 - Housetype 2 ground floor plans
15410-A-PL-X-(03)-120 - Housetype 2 first floor plan
15410-A-PL-X-(03)-121 - Housetype 2 roof plan
15410-A-PL-X-(05)-122 - Housetype 2 elevations
15410-A-PL-X-(03)-123 - Housetype 3 floor plans
15410-A-PL-X-(03)-124 - Housetype 3 elevations
15410-A-PL-X-(03)-125 - Housetype 4 roof plan
15410-A-PL-X-(03)-126 - Housetype 4 elevations
15410-A-PL-X-(03)-130 - Assembly Hall Plans
15410-A-PL-X-(03)-131 - Assembly Hall sections and elevations
15410-A-PL-X-(03)-133 - Site Location Plan - outline
15410-A-PL-X-(03)-134 - Site Location Plan - full planning application
15410-A-PL-X-(03)-135 - Parameter Plan - Land Use
15410-A-PL-X-(03)-136 - Parameter Plan - Heights
15410-A-PL-X-(03)-137 - Parameter Plan - Access
774-FH-XX-00-DP-L-201 - General arrangement
774-FH-XX-00-DP-L-301 - Edges and boundaries
774-FH-XX-00-DP-L-401 - Softworks
Reason: To secure a properly planned development
10. The areas to be provided for storage of Refuse/Recycling bins as shown the approved plans 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 refuse recycling bins are not stored on the highway causing obstruction and dangers for other users.
11. The areas to be provided for storage of Refuse/Recycling bins as shown the approved plans shall be provided in their entirety before the development to which they are associated 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 full application hereby permitted shall not be occupied until details of all Sustainable Drainage System components and piped networks have been submitted, in an approved form, to and approved in writing by the Local Planning Authority for inclusion on the Lead Local Flood Authority's Flood Risk Asset Register.
Reason: To ensure that the Sustainable Drainage System has been implemented as permitted and that all flood risk assets and their owners are recorded onto the LLFA's statutory flood risk asset register as per s21 of the Flood and Water Management Act 2010 in order to enable the proper management of flood risk with the county of Suffolk https://www.suffolk.gov.uk/roads-and-transport/flooding-and-drainage/flood-risk-assetregister/.
13. No development of the full application hereby approved shall commence until details of a Construction Surface Water Management Plan (CSWMP) detailing how surface water and storm water will be managed on the site during construction (including demolition and site clearance operations) is submitted to and agreed by the local planning authority. The CSWMP shall be implemented and thereafter managed and maintained in accordance with the approved plan for the duration of construction. The approved CSWMP and shall include:
a. Method statements, scaled and dimensioned plans and drawings detailing surface water management proposals to include :-
i. Temporary drainage systems
ii.Measures for managing pollution / water quality and protecting controlled waters and watercourses
iii. Measures for managing any on or offsite flood risk associated with construction
Reason: To ensure the development does not cause increased flood risk, or pollution of watercourses or groundwater
14. No development of the full application hereby approved shall commence until details of the implementation, maintenance and management of the strategy for the disposal of surface water on the site have been submitted to and approved in writing by the local planning authority. The strategy shall be implemented and thereafter managed and maintained in accordance with the approved details.
Reason: To ensure clear arrangements are in place for ongoing operation and maintenance of the disposal of surface water drainage.
15. The development shall not begin until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the local planning authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex 2 of the National Planning Policy Framework or any future guidance that replaces it and shall remain at an affordable price for future eligible households or for the subsidy to be recycled for alternative affordable housing.
The scheme shall include:
i) the numbers, type, tenure and location on the site of the affordable housing provision to be made, which shall consist of not less than 42 affordable dwellings. The details to include a mechanism for delivering an alternative method of providing affordable housing at the same level as approved in the event that no affordable housing provider acquires some or all of the affordable housing within a reasonable timescale.
ii) the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing,
iii) the arrangements for the transfer of the affordable housing to an affordable housing provider or the management of the affordable housing;
iv) the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and
v) the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.
Reason: In accordance with Policy SCLLP5.10 of the Suffolk Coastal Local Plan (2020) to secure the appropriate provision of affordable housing on the site
16. No external lighting shall be installed within the site unless details have first been submitted to the Local Planning Authority. The approved lighting shall be maintained in its approved form in perpetuity.
Reason: To ensure any external lighting is designed in a manner having regard to visual amenity and residential amenity in accordance with Policy SCLP11.1 of the Local Plan.
17. No external lighting shall be installed within the site unless details have first been submitted to the Local Planning Authority. The approved lighting shall be maintained in its approved form in perpetuity.
Reason: To ensure any external lighting is designed in a manner having regard to visual amenity and residential amenity in accordance with Policy SCLP11.1 of the Local Plan and in the interest of protecting biodiversity
18. The hours of operation for all construction activities on site shall be limited to - Monday to Friday 07:30 until 18:00 Saturday 08:00 until 13:00 Sunday & Bank Holidays none Unless otherwise agreed in writing with the Local Planning Authority. Deliveries to and collection from the construction site shall be undertaken between - Monday to Friday 07:30 until 18:00 Saturday 08:00 until 13:00 Sunday & Bank Holidays.
Reason: In the interest of residential amenity
19. No development shall take place until the existing trees on site, agreed with the Local Planning Authority for inclusion in the scheme of landscaping, have been protected by the erection of temporary protective fences of a height, size and in positions which shall previously have been agreed, with the Local Planning Authority. The protective fences shall be retained throughout the duration of building and engineering works in the vicinity of the tree to be protected. Any trees dying or becoming severely damaged as a result of any failure to comply with these requirements shall be replaced with trees of appropriate size and species during the first planting season, or in accordance with such other arrangement as may be agreed in writing with the Local Planning Authority, following the death of, or severe damage to the trees.
Reason: For the avoidance of damage to protected trees included within the landscaping scheme in the interests of visual amenity and the character and appearance of the area.
20. Within three months of the commencement of development, a noise assessment should be submitted to consider the likely impact of noise from the development both on existing residential properties in the area and on properties to be built as part of the development.
This should consider all potential sources of noise including but not restricted to use of the community hall and sports facilities and any plant to be installed as part of the development. This assessment should be carried out by a competent person.
Reason: In the interest of residential amenity
21. Prior to commencement of the development hereby approved through the full application, an air quality assessment is required. The assessment shall be in accordance with the following document: 'EPUK & IAQM Land-Use Planning & Development Control: Planning for Air Quality January 2017'. The assessment should be proportionate to the nature and scale of development proposed and the level of concern about air quality. The scope and content of supporting information is therefore best discussed and agreed between the local planning authority and applicant before it is commissioned.
Reason: To ensure air quality is appropriately controlled
22. Prior to first operational use of the site, at least 5% of car parking spaces shall be equipped with working electric vehicle charge points, which shall be provided for staff and/or visitor use at locations reasonably accessible from car parking spaces. The Electric Vehicle Charge Points shall be retained thereafter.
Reason: To promote and facilitate the uptake of electric vehicles on the site in order to minimise emissions and enhance local air quality in line with the National Planning Policy Framework (NPPF) paragraphs 105 and 110.
23. Prior to first occupation, all dwellings with off street parking shall be provided with an operational electric vehicle charge point at safe, accessible and convenient locations. Prior to first occupation, at least 10% of car parking spaces in private communal parking areas shall be provided with an operational electric vehicle charge point at reasonably and practicably accessible locations. The Electric Vehicle Charge Points shall be retained thereafter.
Reason: To promote and facilitate the uptake of electric vehicles on the site in order to minimise emissions and enhance local air quality in line with the National Planning Policy Framework (NPPF) paragraphs 105 and 110.
24. 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 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.
25. 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 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.
2.6 Prior to any occupation or use of the approved development the RMS approved under condition 25 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.
27. A validation report must be submitted to 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.
28. Within three 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.
29. No development shall commence until there has been a management plan for maintenance of all the communal areas within the approved application site. The maintenance plan should include, long term design objectives, management responsibilities and a scheme of maintenance for both the hard and soft landscaped areas for a period of 20 years. The schedule should include details of the arrangements for its implementation. The development shall be carried out in accordance with the approved management plan.
Reason: To ensure the access drive and landscaping areas are properly maintained in the interest of visual amenity.
30. 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 five 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.
31. The development shall not begin until a scheme for provision improvements to pre-school and primary school education has been submitted to the local planning authority.
Reason: To ensure that sufficient provision is made for education facilities as a direct result of additional residential development.
32. Within three months of the date of the development hereby approved a biodiversity enhancement scheme shall be submitted to the local planning authority and implemented in accordance with this strategy before the beneficial occupation of the dwellings hereby approved. This strategy shall include the provision of integral swift nest bricks with the buildings hereby approved. The improvements shall be retained in perpetuity.
Reason: In the interest of providing enhanced biodiversity across the site.
33. The eastern most balconies at first and second floors on the apartment block D, on the eastern boundary of the site, shall be fitted with an obscured glazed privacy panel on their eastern elevation to a height of 1.7m from balcony floor and shall be retained as such in perpetuity.
Reason: To reduce overlooking to the rear gardens of properties in Newry Avenue.
Informatives:
1. East Suffolk Council is a Community Infrastructure Levy (CIL) Charging Authority. The proposed development referred to in this planning permission may be chargeable development liable to pay Community Infrastructure Levy (CIL) under Part 11 of the Planning Act 2008 and the CIL Regulations 2010 (as amended).
If your development is for the erection of a new building, annex or extension or the change of use of a building over 100sqm in internal area or the creation of a new dwelling, holiday let of any size or convenience retail , your development may be liable to pay CIL and you must submit a CIL Form 2 (Assumption of Liability) and CIL Form 1 (CIL Questions) form as soon as possible to CIL@eastsuffolk.gov.uk.
A CIL commencement Notice (CIL Form 6) must be submitted at least 24 hours prior to the commencement date. The consequences of not submitting CIL Forms can result in the loss of payment by instalments, surcharges and other CIL enforcement action.
CIL forms can be downloaded direct from the planning portal: https://www.planningportal.co.uk/info/200136/policy_and_legislation/70/community_infrastructure_levy/5.
Guidance is viewable at: https://www.gov.uk/guidance/community-infrastructure-levy.
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 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.
4. Noise from fixed plant or machinery (e.g. heat pumps, compressors, extractor systems, fans, pumps, air conditioning plant or refrigeration plant) can be annoying and disruptive. This is particularly the case when noise is impulsive or has tonal characteristics. A noise assessment should therefore be submitted to include all proposed plant and machinery and be based on BS4142:2014. A rating level (LAeq) of at least 5dB below the typical background (LA90) should be achieved. Where the rating level cannot be achieved, the noise mitigation measures considered should be explained and the achievable noise level should be identified and justified.
Following the conclusion of this item the Chairman adjourned the meeting for a short break. The meeting was adjourned at 4:55pm and was reconvened at 5:05pm.