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The Committee received report ES/1187 of the Head of Planning and Coastal Management, which related to planning application DC/21/5748/FUL.
The application sought planning permission for the erection of one new market dwelling on land to the rear of 10 and 12 Market Hill, Woodbridge. As the "minded to" decision of the case officer to approve the application was contrary to Woodbridge Town Council's recommendation of refusal, the application was presented to the Planning Referral Panel on 16 June 2022, in accordance with the Scheme of Delegation set out in the East Suffolk Council Constitution. The Panel referred the application to the Committee for the determination so Members could debate the merits of the application.
The Committee received a presentation from the Planner, who was the case officer for the application.
The site's location was outlined and an aerial photograph of the site was displayed.
The Committee received photographs demonstrating views of the site entrance and looking into the site from the rear. The Planner highlighted the listed properties and curtilage boundary wall neighbouring the site entrance.
The Committee was shown the existing and proposed block plans; some of the trees on the site were proposed to be removed and replacement tree planting would be secured by condition. The Council's Arboriculture and Landscape Officer had not objected to the application.
The proposed floor plan and the existing and proposed elevations were displayed. The Planner outlined the design proposed feature a pitched roof which would step down in line with the gradient of the site. The upper portion would be clad in a black corrugated sheet metal, with the lower portion being encased in corten steel. The street facing elevation would be a perforated screen to conceal the courtyard that would be created for the property.
Drawings for the concealed courtyard were displayed and the Planner detailed how the concealment would be achieved.
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 Planner advised that the proposed condition to secure a construction management plan did not explicitly state that a banksman would be required for vehicle movements, but considered that the scope of the development would require one. The Planning Manager (Development Management) added that the wording of this proposed condition could be strengthened should the Committee wish to do so and explained that the Council was not able to resist development on the grounds that construction management may be complicated.
The Planner confirmed that one of the entrances to Woodbridge School was located on the opposite side of Market Hill to the application site.
In response to a question on the selection of the materials to be used, given that the proposed development would be within a conservation area, the Planner outlined that the design was a result of negotiations with the applicant and their agent during the pre-application process to refine the design and select suitable materials.
The Committee was advised that corten steel had been selected as it reflected light in the same way red brick would and the black cladding mirrored similar cladding in the immediate area. The Planner noted that the Council's Design and Conservation team's most recent response on the application stated that it considered the design did preserve and enhance the conservation area. The Planning Manager added that contemporary designs were common in conservation areas and cited similar designs and materials to what was proposed in the Aldeburgh conservation area.
The Planner highlighted that officers had resisted plans to remove part of the listed curtilage wall to create a vehicular access to the site and officers considered the lack of any parking provision to be acceptable given the site's sustainable location in close proximity to Woodbridge town centre, which was within walking distance to alternative forms of transport.
There being no public speaking on the application, the Chairman invited the Committee to debate the application that was before it.
Councillor McCallum understood the comments on the materials selected but was not concerned by this aspect of the development; her concern related to the construction traffic and asked that should the application be approved by the Committee, the discharge of conditions application be brought to the Chairman and Vice-Chairman of the Committee for approval.
The Planning Manager advised that any discharge of conditions application condition could be shared with the Chairman and Vice-Chairman of the Committee but this could not be explicitly conditioned in any planning permission granted for this application. The Planning Manager advised that the condition to secure a construction management plan could be strengthened by the Committee to set out specific engagement with the Highways Authority on its discharge.
Councillor Bird was content for the Chairman and Vice-Chairman to be apprised of any discharge of conditions application. Councillor Bird stated that was concerned about the impact of the materials selected on the conservation area and that alien materials could be introduced to the area that did not protect and enhance it. Councillor Bird stated that he remained of an open mind on this aspect of the application.
Councillor Cooper queried if tree roots would be protected during the development. The Planner advised that the principal tree on the site would be retained and that replacement planting for the trees that would be lost, which considered to be of poor quality, would be secured by condition. The Planning Manager added that an arboricultural statement to protect the retained trees would also be secured by condition.
Following further debate on construction traffic, the Planning Manager advised that should it wish to do so, the Committee could resolve to delegate authority to approve the application to the Head of Planning and Coastal Management, subject to the proposed conditions and the enhancement of condition 16 (construction management plan) being approved by the Chairman and Vice-Chairman of the Committee.
Councillor Hedgley was content with the design and material aspects of the application but considered that the objections from eight neighbours and Woodbridge Town Council should be considered. Councillor Hedgley also acknowledged the concerns raised about construction traffic and noted that it would be the developer's responsibility to notify the Highways Authority should any road closures be required. Councillor Hedgley said that on balance, he was reluctantly in support of the application.
There being no further debate, Councillor McCallum proposed that authority to approve the application be delegated to the Head of Planning and Coastal Management, subject to the proposed conditions and the enhancement of condition 16 (construction management plan) being approved by the Chairman and Vice-Chairman of the Committee. This was seconded by Councillor Cooper and it was by a unanimous vote
RESOLVED
That AUTHORITY TO APPROVE the application be delegated to the Head of Planning and Coastal Management, subject to the conditions below and the enhancement of condition 16 (construction management plan) being approved by the Chairman and Vice-Chairman of the Committee.
Conditions:
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 the following approved drawing(s):
- 08 Rev. N (Proposed plans);
- 09 Rev. N (Proposed elevations);
- 10 Rev. I (Proposed site plan);
- 11 Rev. H (Proposed roof block plan);
- 01 Rev. A (Location plan).
Reason: For 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 by the Local Planning Authority.
Reason: To ensure the satisfactory appearance of the development in the interests of visual amenity.
4. 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 the Land Contamination Risk Management (LCRM).
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.
5. Prior to any occupation or use of the approved development the RMS approved under condition 4 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.
6. 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.
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. 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 BS10175:2011+A2:2017 and the Land Contamination Risk Management (LCRM)) 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. The use shall not commence until the area(s) within the site shown on Drawing No. 08, Rev. K for the purposes of secure cycle storage has been provided and thereafter the area(s) shall be retained, maintained, and used for no other purposes.
Reason: To ensure that sufficient areas for secure cycle storage are provided in accordance with Suffolk Guidance for Parking (2019) to promote sustainable travel.
9. Before the development is commenced, details shall be submitted to and approved in writing by the Local Planning Authority showing the means to prevent the discharge of surface water from the development onto the highway including any system to dispose of the water. The approved scheme shall be carried out in its entirety before the access is first used and shall be retained thereafter in its approved form.
Reason: To prevent hazards caused by flowing water or ice on the highway. This needs to be a pre-commencement condition to avoid expensive remedial action which adversely impacts on the viability of the development if, given the limitations on areas available, a suitable scheme cannot be retrospectively designed and built.
10. The areas to be provided for the storage and presentation for collection/emptying of refuse and recycling bins as shown on Drawing No. 08, Rev. K 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 space is provided for refuse and recycling bins to be stored and presented for emptying and left by operatives after emptying clear of the highway and access to avoid causing obstruction and dangers for the public using the highway.
11. 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.
12. No materials, plant or machinery shall be brought on to the site, until a full Arboricultural Method Statement including a comprehensive suite of tree protection measures to BS.5837 standard has been submitted to and approved by the Local Planning Authority. Thereafter, the development shall be constructed in strict accordance with approved methodology with all protection measures installed around all retained trees and hedgerows.
All protective fencing shall be retained and maintained until the development is complete and at no time shall there be any materials, plant or equipment stored, or building or excavation works of any kind undertaken, beneath the canopies of the trees and hedges unless otherwise approved.
Reason: To protect the trees/hedgerow during the course of development in the interest of visual amenity.
13. None of the trees or hedges shown to be retained on the approved plan shall be lopped, topped, pruned, uprooted, felled, wilfully damaged or in any other way destroyed or removed without the prior written consent of the Local Planning Authority. Any trees or hedges removed, dying, being severely damaged or becoming seriously diseased within five years of the completion of the development shall be replaced during the first available planting season, with trees or hedges of a size and species, which shall previously have been agreed in writing by the local planning authority.
Reason: To safeguard the contribution to the character of the locality provided by the trees and hedgerow.
14. Within 3 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.
15. The approved landscaping and planting works 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. Any plant material removed, dying or becoming seriously damaged or diseased within five years of planting shall be replaced within the next available planting season and shall thereafter 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.
16. No development shall commence until a detailed method of construction statement has been submitted to and approved by the Local Planning Authority. This statement shall 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. Thereafter the approved construction statement shall be adhered to throughout the construction of the development.
Reason: To reduce the potential impacts of noise pollution and additional vehicular movements in this area of Chapel Street during the construction phase of the development.
Informatives:
1. The Design and Access statement includes a section on Rainwater Harvesting for WC, irrigation, washing machine and an outside tap.
Water used for domestic purposes, but not provided by a regulated Water Undertaker, is regulated under the Private Water Supplies Regulations 2016 (as amended).
The term 'domestic purposes' is defined in section 218 of the Water Industry Act 1991, as drinking, washing, cooking, central heating and sanitary purposes. The term 'sanitary purposes' includes washing/bathing/showering, laundry and toilet flushing.
Therefore, if the development is to include the use of a Rainwater Harvesting System for domestic purposes advice should be sought from the Environmental Protection Team prior to commencing works. All works undertaken must comply with the Private Water Supplies Regulations 2016 (as amended).
If you have any questions relating to this consultation response, please email ep@eastsuffolk.gov.uk, quoting "our reference" listed above, and an Officer will do their best to assist you.