8
The Committee considered report ES/0228 which gave details of an outline application (all matters reserved) for the construction of up to 21 dwellings with associated landscaping, open space and ancillary infrastructure and works. The proposal included crown reduction to TPO tree T7.
Members were shown photographs and location plans of the site which was located near to the Tesco petrol station, the Potters Kiln and Travelodge. The presentation included views of the entrance to the land, the tree boundaries, an informal access path across the site and its position adjacent to the protected wildlife site, and diagrams giving indicative elevations of the dwellings.
The Area Planning and Enforcement Officer explained that 17 dwellings had previously been approved in 2017 and the application now before Members was for 21 dwellings changing the types to smaller units. She explained that, although the site was outside the development limits, it was in a sustainable location with access to bus and cycle routes. The provision of smaller units was welcomed and a Section 106 Agreement would secure affordable housing. Highways had commented on the cycle link but with all matters reserved, that could be included at a later stage. Approval was being recommended as it was considered that the current scheme, providing four additional homes, was sustainable and met the requirements of Local and National Planning Policy.
In response to Members’ questions, it was confirmed that four affordable homes would be included in the development and access to and from the open space to the south of the site would be provided. The Head of Planning and Coastal Management explained that the outline permission could include an advisory note on the need for all cycle matters to be addressed.
The Chairman invited the public speaker to address the Committee.
As the Applicant’s Agent, Ms Brotherton asked Members to support the recommendation to approve the application subject to the Section 106 Agreement. They welcomed the opportunity to develop a vacant parcel of land surrounded by existing development and bring much needed housing onto the market. It was a sustainable location with shops, buses and a school in the vicinity. She made reference to the extant planning permission and stated that the 21 homes being proposed allowed a range of mix and type, extra smaller homes, which was acceptable. The proposed four affordable homes was in line with the policy requirement of 20%.
The Chairman invited questions to the Applicant’s Agent.
A Member commented on the land being under utilised and after four permissions being granted since 2009, sought clarification as to when would something be built. Ms Brotherton explained that a lot depended on the market. There was currently no market for leisure or care facilities and this new scheme with a higher number of small units would be more marketable. As the Applicant’s planning adviser, she understood that the owner wished to dispose of the site and was therefore unable to comment on timescale for the development to commence.
Members were disappointed that no development had yet taken place on the site and were of the opinion that it would be beneficial for the dwellings to be built at the earliest opportunity. There being no further discussion, it was unanimously
RESOLVED
That permission be granted, subject to the completion of a Section 106 Agreement covering affordable housing, habitat mitigation and management of the open space and the following conditions:
1. 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.
2. Details relating to the layout, scale, appearance, access and landscaping of the site (the "reserved matters"), and measures to minimise water and energy consumption and to provide for recycling waste shall be submitted to and approved by the Local Planning Authority before any development is commenced.
Reason: To comply with Sections 91 and 92 of the
1990 Act.
3. Concurrent with the first reserved matters access application details of a scheme to improve the existing pedestrian only public highway footway on the south side of Leisure Way to create a new shared use cycle track linking the development to the existing cycle track network currently terminating at the Toucan crossing adjacent the Potters Kiln Public House shall be submitted to and approved in writing by the Local Planning Authority.
The approved scheme shall be laid out and constructed in its entirety prior to occupation of any dwelling.
Reason: In the interests of highway safety and to encourage the sustainable transport benefits of cycling as per National and Local Planning Policies including Waveney Local Plan Policy WLP8.21 and the Waveney Cycle Strategy.
4. Before the development is commenced, details of the estate roads and footpaths, (including layout, levels, gradients, surfacing and means of surface water drainage), shall be submitted to and approved in writing by the Local Planning Authority.
Reason: To ensure that roads/footways are
constructed to an acceptable standard.
5. No dwelling shall be occupied until the carriageways and footways serving that dwelling have been constructed to at least Binder course level or better in accordance with the approved details except with the written agreement of the Local Planning Authority.
Reason: To ensure that satisfactory access is
provided for the safety of residents and the public.
6. Before the first occupation of the development details of the areas to be provided for storage of Refuse/Recycling bins shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out in its 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.
7. Before the development is commenced details of the areas to be provided for the [loading, unloading,] manoeuvring and parking of vehicles including electric vehicle charging points, powered two vehicle provision and secure covered cycle storage shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out in its entirety before the development is brought into use and shall be retained thereafter and used for no other purpose.
Reason: In the interests of highway safety and to encourage the use of sustainable transport. To ensure the provision and long-term maintenance of adequate on-site space for the parking and manoeuvring of vehicles in accordance with Suffolk Guidance for Parking where on-street parking and manoeuvring could be detrimental to highway safety.
8. Concurrent with the first reserved matters application(s) a surface water drainage scheme shall be submitted to, and approved in writing by, the local planning authority.
The scheme shall be in accordance with the approved FRA and include:
a) Dimensioned plans and drawings of the surface water drainage scheme;
b) Further infiltration testing on the site in accordance with BRE 365 and the use of infiltration as the means of drainage if the infiltration rates and groundwater levels show it to be possible;
c) If the use of infiltration is not possible then modelling shall be submitted to demonstrate that the surface water runoff will be restricted to Qbar or 2l/s/ha for all events up to the critical 1 in 100-year rainfall events including climate change as specified in the FRA;
d) Modelling of the surface water drainage scheme to show that the attenuation/infiltration features will contain the 1 in 100-year rainfall event including climate change;
e) Modelling of the surface water conveyance network in the 1 in 30 year rainfall event to show no above ground flooding, and modelling of the volumes of any above ground flooding from the pipe network in a 1 in 100 year climate change rainfall event, along with topographic plans showing where the water will flow and be stored to ensure no flooding of buildings or offsite flows;
f) Topographical plans depicting all exceedance flow paths and demonstration that the flows would not flood buildings or flow offsite, and if they are to be directed to the surface water drainage system then the potential additional rates and volumes of surface water must be included within the modelling of the surface water system;
g) 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 in writing 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:
h) Method statements, scaled and dimensioned plans and drawings detailing surface water management proposals to include: -
1. Temporary drainage systems
2. Measures for managing pollution / water quality and protecting controlled waters and watercourses
3. Measures for managing any on or offsite flood risk associated with construction
h. Details of the maintenance and management of the surface water drainage scheme shall be submitted to and approved in writing by the local planning authority.
The scheme shall be fully implemented as approved.
Reasons: To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site for the lifetime of the development. To ensure the development does not cause increased flood risk, or pollution of watercourses or groundwater. To ensure clear arrangements are in place for ongoing operation and maintenance of the disposal of surface water drainage.
9. 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, in writing, 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
10. Prior to the commencement of development (including site clearance) a Natural England licence and mitigation strategy plan for the protection of great crested newts shall be agreed by Natural England. The strategy should identify likely impacts on great crested newts and fully describe measures to mitigate for any impacts, followed by translocation of any newts found within the area. The mitigation strategy shall be completed in accordance with the approved specifications at such times as may be specified in the approved scheme.
Reason: To provide appropriate mitigation measures to minimise the impact on Great Crested Newts.
11. Prior to the commencement of development the recommendations made within the Amphibian and Habitat Survey (Phase 1 August 2019) shall be implemented in full.
Reason: To ensure the provision of ecological enhancements.
12. 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 report detailing proposed noise control measures is submitted to, and approved in writing by, the local planning authority. The report must propose, on a plot by plot basis, the exact noise control measures which are to be installed in accordance with section 4 of the submitted Sharps Redmore acoustic assessment.
Reason: To ensure the development is suitably sound proofed with appropriate noise control measures.
13. A validation report, demonstrating and evidencing the effective installation of the noise control measures approved under condition 13, must be submitted to and approved in writing by the LPA prior to any occupation or use of the approved development.
Reason: To ensure the development is suitably sound proofed with appropriate noise control measures.
14. No development shall take place until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The statement shall provide details of:
- proposed hours of work
- proposed piling methods
- the parking of vehicles of site operatives and visitors
- loading and unloading of plant and materials
- storage of plant and materials used in constructing the development
- the erection and maintenance of security hoarding and acoustic screens
- wheel washing facilities
- measures to control the emission of dust and dirt during construction
- a scheme for the recycling/disposing of waste resulting from construction works
The approved Statement shall be adhered to throughout the construction period.
Reason: In the interests of amenity and to ensure a safe development.
15. 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, and approved in writing by, the local planning authority:
1) 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).
2) 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;
- 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 to current guidance and best practice, including BS8485:2015+A1:2019, BS10175:2011+A2:2017 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.
16. 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 BS8485:2015+A1:2019 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.
17. Prior to any occupation or use of the approved development the RMS approved under condition 17 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.
18. 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 the RMS approved under condition 2 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.
The validation report must be prepared by a competent person and conform to current guidance and best practice, including BS8485:2015+A1:2019, CIRIA C735 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.
19. 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 BS8485:2015+A1:2019, BS 10175:2011+A2:2017 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.