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The Committee considered report ES/1136 which was seeking permission for a variation of condition 2 of DS/21/0565/FUL – construction of a single dwelling, alternations to approved drawings for plot 2 adjacent to Spindles, Carlton Road, Kelsale.
The application was before Committee as the officers were minded to approve the application contrary to the objection received from the Parish Council. The Planner advised that the Ward Member had commented that the application should be refused.
Members were advised of the history of the site, whereby an application for one dwelling which was refused as contrary to the development plan had been overturned on appeal as the Inspector had considered the application to be a sustainable form of development. Since that time, the site had received outline consent for two dwellings and garages under reference DC/18/2907/OUT and two separate permissions had been granted for plot 1 and plot 2. The proposal before the Committee was to seek to vary condition 2 of DC/21/0565/FUL relating to plot 2.
Members received a presentation showing an aerial view, site location plan, photographs from the previous application, the street scene in 2022, the frontage of plot 1 and the works that had commenced on plot 2. Previous and proposed block plans, floor plans and elevations were also displayed.
The Planner advised that the annex on the front was to provide independent living for a family member and approval was being recommended subject to appropriate conditions including one to ensure that the annex would only be used for purposes incidental and ancillary to the use of the dwelling house. He advised that the proposed amendments to the scheme were considered acceptable and approval was being recommended.
In response to Members’ questions, the Planner advised that the Parish Council was objecting to the principle of the development; however, that had already been approved.
The Committee accepted that the principle of the development had been established and agreed on the need for the occupancy condition. There being no further discussion, it was
RESOLVED
That permission be granted subject to the following conditions:
1. The development hereby permitted shall be begun not later than the expiration of three years from 15 April 2021 as the date of original consent.
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 be completed in all respects strictly in accordance with the application form, design and access statement, Preliminary Ecological Appraisal (Anglian Ecology, March 2020) received 5th February 2021 and drawing numbers GFD2101-0101 P02 and GFD2101-0102 P03 received 8 February 2022.
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. Within 3 month(s) of commencement of development, satisfactory precise details of a tree and/or hedge planting scheme (which shall include species, size and numbers of plants to be planted) shall be submitted to and approved in writing by the local planning authority.
Reason: To ensure the submission and implementation of a well-laid out scheme of landscaping in the interest of visual amenity.
5. The new vehicular access has been laid out and completed in all respects in accordance with Drawing No. DM01 with an entrance width of 4.5 metres and has been made available for use. Thereafter the access shall be retained in the specified form.
Reason: To ensure that the access is designed and constructed to an appropriate specification and is brought into use before any other part of the development is commenced in the interests of highway safety
6. The gradient of the vehicular access shall not be steeper than 1 in 20 for the first five metres measured from the nearside edge of the adjacent metalled carriageway.
Reason: To ensure that vehicles can enter and leave the public highway in a safe manner.
7. The access driveway shall be constructed at a gradient not steeper than 1 in 8.
Reason: To ensure that vehicles can enter and leave the public highway in a safe manner.
8. Prior to the dwelling hereby permitted being first occupied, 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, in accordance with details previously submitted to and approved in writing by the local planning authority.
Reason: To secure appropriate improvements to the vehicular access in the interests of highway safety.
9. Before the access is first used visibility splays shall be provided as shown on Drawing No. GFD2101-0101 P01 with an X dimension of 2.4 metres and a Y dimension of 43 metres 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
10. The use shall not commence until the area(s) within the site on GFD2101-0101 P01 & GFD2101-0102 P02 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
11. 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 ORLB URNS 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
12. Development must be undertaken in accordance with the ecological avoidance, mitigation, compensation and enhancement measures identified within the Preliminary Ecological Appraisal (PEA) report (Anglian Ecology, March 2020).
Reason: To ensure that ecological receptors are adequately protected and enhanced as part of the development.
13. 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.
14. The hereby-approved annex shall not be occupied or let as a separate dwelling but shall be used only for purposes incidental and ancillary to the use of the dwellinghouse to which it relates or for occupation by a relative, employee or parent of the householder or his/her spouse.
Reason: The development is not such that the local planning authority would be prepared to approve as a separate dwellinghouse in its own right as this is located in the countryside where the Local Plan seeks to limit such development, and where it is otherwise considered undesirable for this to be used independently as it would result in insufficient amenity standards should the curtilage be separated.
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.