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The Committee received report ES/0901 of the Head of Planning and Coastal Management, which related to planning application DC/21/2863/FUL.
The application sought permission to erect a single bungalow within the rear garden of 38 Hall Farm Road, connecting onto the previously approved three house development at Land To Rear Of No.36 Hall Farm Road And Accessed via Nightingales Close.
The application before the Committee for determination due to applicant being employed by East Suffolk Council indirectly through Norse. It was noted that the officer's recommendation of approval was contrary to Melton Parish Council's objection.
The Committee received a presentation from the Trainee Planner, who was the case officer for the application.
The site's location was outlined, and the approved plans were displayed to the Committee. The Committee was shown the proposed block plan and how the additional dwelling would link to the approved scheme. The Trainee Planner clarified that the applicant was different from the approved scheme so the development was not considered a further phase of the original development.
The proposed elevations and floor plans were displayed.
The Committee was shown photographs of the proposed entrance, the views to the north, the existing garden, the views west towards the site, and a drainage ditch at the rear of the site.
The Trainee Planner displayed a surface water flooding map of the area and highlighted the risk of surface water flooding on the application site. It was noted that major flooding on the site was considered to be a once in a 100 year event, primarily where the existing drainage ditch ran to the west.
The material planning considerations and key issues were summarised as:
- Design;
- The impact on neighbouring amenity;
- Flooding;
- Loss of trees; and
- Loss of garden/green space.
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 Development Manager confirmed that had the applicant not been indirectly employed by the Council, the application would have been presented to the Planning Referral Panel as Melton Parish Council's objection was contrary to the officer's recommendation of approval.
The Trainee Planner confirmed that the approved scheme was subject to a three-year time limit to start development and that there was a proposed condition for this development to share the same construction management plan.
The Planning Development Manager confirmed that the Council's Arboricultural officers attempted to predict risk of tree loss due to development over time and considered each application in this regard; in this instance it was considered that the development's relationship to nearby trees was acceptable. The Trainee Planner added that the approved scheme had resulted in protected trees being identified as diseased and dying and it had been concluded that their removal was the best option.
The Chairman invited Mr Martin Price, agent for the applicant, to address the Committee.
Mr Price said he did not understand Melton Parish Council's objection to the application, on the grounds that it would be cramped development and detrimental to the area, when it had supported the approved scheme for three bungalows.
Mr Price considered that the proposed development would add another bungalow that would be similar in all aspects to what was already approved and that there would be more space around this dwelling, which would ensure a lack of amenity loss. Mr Price was of the view that the Parish Council's objections did not stand up to scrutiny.
Mr Price added that suggestions that a water pump in the area was on the verge of failing were untrue and that the existing pump in the area was only supporting 16 dwellings and could support up to 50. The pump had been struck by lightning but had since been repaired.
Mr Price outlined that drainage matters would be dealt with through building regulations and that no trees would be felled to enable this development. Mr Price considered the officer's report to be comprehensive and showed that the application was in accord with planning policies, and sought the Committee's approval.
There being no questions to Mr Price, the Chairman invited the Committee to debate the application that was before it.
Member of the Committee supported the application. Councillor Cooper stated he saw no reason to refuse the application and considered it was well laid out and blended well with what had already been approved.
Councillor McCallum said it was important to note Melton Parish Council's support of the approved scheme.
There being no further debate, the Chairman sought a proposer and seconder for the recommendation to approve the application, as set out in the report.
On the proposition of Councillor Cooper, seconded by Councillor Yule it was by a unanimous vote
RESOLVED
That the application be APPROVED subject to the conditions below:
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 PL1001C and PL1002 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. The use shall not commence until the area(s) within the site on dwg. no. 0484 PL 1001 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
5. Prior to occupation, electric vehicle charging infrastructure shall be installed and made accessible from within the driveway. It shall then be retained and maintained unless otherwise agreed by the Local Planning Authority.
Reason: To ensure the provision and long term maintenance of an electric vehicle charging station to promote sustainable transport methods.
6. Prior to commencement an arboricultural method statement based on the draft version should be submitted to and approved by the local Planning Authority.
The development shall then be undertaken in full accordance with the approved arboricultural method statement.
Reason: To ensure the continuity of amenity afforded by existing trees.
7. 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.
8. Any clearance works to the trees, shrubs, ditch banks or bramble should be carried out outside of the bird nesting season (March to August inclusive), to avoid infringing legislation which protects all nesting birds (WCA 1981). If this is not possible clearance works must be preceded by a nesting bird survey, if an active nest is identified, there will be a delay in this area (and an exclusion zone, as recommended by the project ecologist), until all young birds have left the nest.
To minimise risk of disturbance to potential foraging and commuting bats, during and post development, any external lighting should be minimised as follows:
- Any task lighting (during construction) or security lighting on the new building, should not be directed at boundary vegetation or mature trees.
- Any necessary security lighting should be set on short timers and be sensitive to large moving objects only.
- Other lighting around the site should be keep to the minimal feasible level and be directed downward and shielded to minimise light spillage.
- Hoods, cowls or directional lighting should be used to avoid light directed at the sky or towards boundary vegetation or ditches.
- Lighting times should be limited, to provide dark periods.
- Low pressure sodium security lights with glass glazing are recommended, as these produce the least amount of UV light. Avoid white and blue wavelengths of the light spectrum. The brightness of the lamps should be kept as low as feasibly possible (ILE/BCT, 2007; BCT interim guidance 2014).
Due to potential for hedgehogs (and other mammals) in the area, any foundations, holes or deep pits which are left overnight should have a secured plank, or other means of escape for mammals, made available.
In the event a non-native invasive species is identified during the works they should be removed from the site/disposed/destroyed of at an approved facility, to avoid spread of WCA Schedule 9 species.
Reason: To ensure that ecological receptors are adequately protected and enhanced as part of the development.
9. The development will be adhered to throughout the construction of the development in accordance with the submitted Construction Management Plan approved by, the Local Planning Authority. This contains information on how noise, dust, and light will be controlled so as to not cause nuisance to occupiers of neighbouring properties and set out hours of construction/activity on site, the location of parking areas for construction vehicles and delivery hours for materials and equipment to the site before and during construction.
Reason: To reduce the potential impacts of noise pollution and additional vehicular movements.
10. No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless a competent ecologist 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.
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 https://www.eastsuffolk.gov.uk/planning/street-naming-and-numbering or email llpg@eastsuffolk.gov.uk.
3. 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.