5
The Committee received a presentation by the Case Officer for the application for the erection of a one and a half storey three bay cart lodge and store with tourist accommodation at the first floor level with the front garden of Common Edge, Snape. The ground floor included two parking bays. The application was submitted in parallel with a full application for extensions to the same dwelling. The application had been presented to the Referral Panel on 25 May 2021 and had been referred to the Committee to enable debate on the new cart lodge and holiday accommodation and whether, or not, these might have an adverse impact on the residential amenity of the neighbouring properties, the visual amenity of the vicinity, and on the highway network. The application had been considered by the Committee at its meeting in June 2021 but had been deferred to enable the Case Officer to work with the applicants on amendments to the scheme which included screening on the side of the external stair and the provision of a seating area for visitors. The application was now recommended for approval, subject to conditions, as the scheme, as amended by revised plans, accorded with the Development Plan and was acceptable in terms of all relevant material planning considerations. As stated in the Update Sheet, the Committee noted that condition four (page 26) was to be re-worded to include a restriction that did not allow the occupation of the holiday accommodation for a continuous period of more than 56 days by one person or persons who were not related or working for the household.
The Chairman invited questions.
In response to a question from Councillor Pitchers regarding the revise condition four, the Case Officer stated that occupation for a continuous period of more than 56 days would be allowed if that person was a relative or someone who was working for the household.
Mr Charles Farrant, representative of the Parish Council, was invited to address the Committee. Mr Farrant referred to the Parish Council's written submission. He considered the application to be over-development, despite the size of the site, and was outside the settlement boundary. Mr Farrant said there was concern that this might set a precedent for expansion by default. There was, he said, a wish to protect the visual amenity of the vicinity and a view that traffic matters had not been fully considered; he referred to a curve in the road at the application site and to people often exceeding the 30mph limit. In particular, Mr Farrant emphasised the potential impact on the character of the vicinity. He also said that the tourist accommodation was on the first floor and accessed by stairs, therefore, there was no access for anyone with mobility issues and he suggested that tourist accommodation should be more accessible.
There were no questions for Mr Farrant.
Mr Robert Stewart, the Applicant's Agent, was invited to address the Committee. With reference to concerns that neighbouring properties would be adversely impacted upon and overlooked, Mr Stewart stated that there were established evergreen trees which, visually, separated the two sites. He also said that two new dormer first floor dormer windows would face east over the front garden of Christmas Cottage; these were approximately 30m from the the neighbouring property and over 25m in height, as recommended by the Supplementary Planning Guidance. He added that the landing of the external staircase was at 25m height with medium height hedges/trees as a buffer. A privacy screen had been added to the external stairs. Mr Stewart said the neighbour was unlikely to be impacted by the development and that there would be no loss to light. Mr Stewart stated that the site was 2440m/sq and so one single dwelling was not, he suggested, over-development. He also said that the accommodation would have one double-bedroom and therefore, he suggested, there would be a negligible impact from noise. Mr Stewart said Highways had raised no concerns and that the tourist accommodation would make a contribution to the local economy.
There were no questions for Mr Stewart.
The Chairman invited Councillor Cooper, as Ward Member, to address the Committee. Councillor Cooper referred to his comments, as a consultee, recorded within the published report. He added that the plan indicated trees which, he said, was overgrown hedge and was, therefore incorrect; he suggested that, if cut back, this would make the proposed property much more visible and therefore impact on the visual amenity of the vicinity. Councillor Cooper said that the application had too many unaddressed planning matters.
Councillor Gee asked if there was assurance that the issues discussed at the meeting in June regarding overlooking had been sufficiently addressed. Councillor Ashdown referred to the privacy screen which had been added based on the Committee's comments.
The Chairman invited the Committee to debate.
Councillor Pitchers said the applicant had made the revisions which the Committee had sought. He said he would have welcomed disabled access at the property but acknowledged that this may not be practical. Councillor Brooks reminded the Committee that it had debated the application, at length, at the June meeting and that the applicant's developer had acted in response.
The Chairman moved to the recommendation. This was proposed by Councillor Pitchers, seconded by Councillor Brooks and by a majority vote carried.
RESOLVED
That the application be APPROVED subject to the receipt of RAMS payment and subject to the following controlling 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 P02b and P03b received 15/06/2021, 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.
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. (Revised) The development hereby permitted annexe shall not be occupied or sold as a separate permanent dwelling but shall be used as a holiday let in connection with the use of the dwelling house to which it relates or for occupation by a relative, employee or parent of the householder or his/her spouse. The approved holiday unit(s) can be occupied as holiday accommodation but shall be restricted to a continuous period of 56 days by one person or persons who is not a relative, employee or parent of the householder or his/her spouse, within one calendar year. The owner shall maintain, and keep available for inspection at all reasonable times, an up-to-date register of lettings.
Reason: The development is not such that the local planning authority would be prepared to approve as a separate dwellinghouse in its own right and the proposed unit is suitable for holiday accommodation but not suitable for permanent, independent residential us
5. The use shall not commence until the area(s) within the site on dwg. no. P-02b for the purposes of Loading, Unloading, manoeuvring and parking of vehicles, cycle storage and electric vehicle infrastructure 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
6. The vehicular access onto the highway shall be properly surfaced with a bound material for a minimum distance of 5 metres from the edge of the metalled carriageway.
Reason: To secure appropriate improvements to the vehicular access in the interests of highway safety.
7. Prior to the commencement of development, an investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, investigation to include Hydrocarbons, whether or not it originates 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. The report of the findings must include:
(i) a survey of the extent, scale and nature of contamination;
(ii) an assessment of the potential risks to:
- human health,
- property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,
- adjoining land,
- groundwaters and surface waters,
- ecological systems,
- archaeological sites and ancient monuments;
(iii) an appraisal of remedial options, and proposal of the preferred option(s).
This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.
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. A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared if found necessary 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.
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 approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. 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 that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
10. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 7, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 8, which is subject to the approval in writing of the Local Planning Authority.
Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 9.
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.
11. Prior to the hereby tourist accommodation first used, a privacy screen shall be erected and retained at a height of 1.7 metres from floor level, on the external staircase of the outbuilding as shown on drawing P-03b received 15/06/2021. It shall be erected using wooden angled slats in order to reduce the outlook of the staircase while allowing daylight
in. This item shall thereafter be retained in its approved form.
Reason: To avoid the possibility of unacceptable overlooking and loss of privacy to neighbouring properties.
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. 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_infra
structure_levy/5
Guidance is viewable at: https://www.gov.uk/guidance/community-infrastructure-levy