4
The Committee received report ES/0043 of the Head of Planning and Coastal Management. The application sought full planning permission for the development of land at Street Farm, Witnesham to provide twenty dwellings of which seven would be affordable homes. The site area was some 1.26 hectares of which 0.7 hectares was allocated in the adopted Local Plan for the residential development of approximately twenty dwellings. The application was before the Committee as part of the site was in the countryside, for planning purposes, and therefore the proposed development represented a departure from the Local Plan insofar as the site area extended into the countryside beyond that which is allocated for housing, noting that a large part of the site was in the Local Plan for residential development.
The Committee received a presentation on the application from the Senior Planning Officer. He outlined to the Committee that Witnesham was made up of two distinct settlements and this was demonstrated by way of an aerial photograph. He identified the site's proximity to nearby residential dwellings at Giles Way, The Street, and Strugglers Lane, as well as a local golf course.
The application site was shown to be broadly L shaped; it contained a redundant farm complex with disused agricultural buildings remaining on the site. The part of the site running towards the south went up the river valley slope into a pasture field.
The Senior Planning Officer highlighted the area of the site allocated for housing development by policy SSP19 of the Suffolk Coastal Local Plan. The part of the site that extended into the countryside was towards Strugglers Lane. Various photographs were displayed, showing the site access, the site's relationship with nearby residential dwellings, and views of the site from neighbouring buildings. The Committee was also in receipt of photographs of the current state of the site, showing a wall that was proposed to be demolished as well the disused farm buildings.
Councillor McCallum left the Conference Room at 2.15pm; Councillor Fryatt, the Vice-Chairman, assumed the Chair in her absence.
The Flood Risk Zone constraints on the development, as detailed within the Officer's report, were highlighted to the Committee.
Councillor McCallum returned to the Conference Room at 2.16pm and resumed the Chair.
It was noted that two neighbouring dwellings, Street Farmhouse and Mill House, were both Grade II Listed Buildings.
Vehicle access would be taken from The Street in the north-western part of the site and would feed onto a main spine road running west-east across the site, providing access to sixteen of the proposed dwellings. The road would then turn south and run up the slope to serve the remaining four dwellings.
The separation distances between the proposed dwellings and existing properties were discussed. In reference to objections from residents in Giles Way, it was noted that the closest physical relationship would be at least forty metres.
The Committee was apprised of the proposed designs of the dwellings, including elevations. The mix of housing was detailed. A cross section of the site was shown, and the Senior Planning Officer noted the applicant's proposals to address the changing levels across the site. He stated that it was a characteristic of the settlement to see varying heights of buildings, stating that a condition to control this was proposed within the recommendation to approve.
The recommendation to approve, subject to conditions, was outlined to the Committee.
The Chairman invited questions to the Officer.
It was confirmed that the dwellings would not be constructed underneath power lines; the new dwellings would be at least sixty metres away from nearby power lines.
A member of the Committee noted the difference between the site allocated for development in the Local Plan and the application site. The Senior Planning Officer noted that the site area included a Listed Building and curtilage that was not to be developed and also drew attention to the areas of the site within the flood zones 2 and 3, where development could not take place. He considered that twenty dwellings could not be built on the 0.7ha allocated in a way that would respect the setting of the Listed Buildings, and be located outside the area at risk of flooding.
The Planning Officer confirmed that the comments of Swilland and Witnesham Grouped Parish Council had received an extension to its deadline to make comments on the application, and what was included in the report were the Parish Council's final comments.
The Chairman invited Mr Hockley, the applicant, to address the Committee.
Mr Hockley stated that he was in attendance to answer any questions that the Committee had regarding the application. He thanked officers for engaging with him when he developed the proposal and noted that a Registered Housing Provider had made a bid to take on the affordable housing element of the development.
The Chairman invited questions to Mr Hockley.
Mr Hockley noted that he had increased the site beyond what was allocated for development in the Local Plan in order to not cram properties on to the site. He said that he wanted to build local houses for local people.
The Chairman invited Councillor Fryatt, Ward Member for Witnesham, to address the Committee.
Councillor Fryatt advised the Committee that he had not been the Ward Member when the application was first made. He acknowledged the resolution of the Parish Council on the matter and applauded the developer for taking on board the points made by Planning Officers during the process. He was positive about the conditions in the recommendation that addressed the concerns of neighbouring residents.
There being no questions to Councillor Fryatt, the Chairman invited Councillor Hedgley, Ward Member for Witnesham, to address the Committee.
Councillor Hedgley was of the opinion that the site should be developed. He considered the application to be well designed and twenty dwellings to be sufficient. He sympathised with the views of the residents in Giles Way but deferred to the officer advice regarding the flood risk being mitigated. He did not object to the application.
The Chairman invited the Committee to debate the application that was before it.
A member of the Committee concurred with the views of the Ward Members; he said that he had studied the application in detail and considered the application to be a good one.
There being no further debate, the Chairman invited the Committee to determine the application. On the proposition of Councillor Fryatt, seconded by Councillor Hedgley it was
RESOLVED
That the Head of Planning and Coastal Management be given delegated AUTHORITY TO APPROVE, subject to a S106 legal agreement to secure affordable housing provision; per-dwelling financial contribution to the Suffolk RAMS; and details of the long-term management and maintenance of the site.
The following planning conditions are also recommended:
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 carried out in accordance with the following approved plans and documents:
• Drawing Nos. 001, 005, 006, 006, 007, 008, 009, 011, 012, 013 and 014, received 13 August 2018;
• CGI images - drawing no. 015, received 04 September 2018;
• Drawing Nos. 004 revA, 010 revB, 017 revA and 019, received 17 December 2018;
• Drawing No. 1140 (Street Farm Landscaping Strategy), received 20 December 2018;
• Proposed Site Layout Drawing No. 002 revD, received 06 February 2019;
• Flood Risk Assessment and Drainage Strategy, and Design & Access Statement, received 15 March 2019; and
• Preliminary Ecological Appraisal (Castle Hill Ecology, 2018), received 03 June 2019.
Reason: For the avoidance of doubt and to secure a properly planned development.
3. No development shall take place until precise details of the materials to be used in the construction of the external surfaces of the approved dwellings and garages have been submitted to and approved in writing by the local planning authority. Development shall thereafter be carried out in accordance with the approved details.
Reason: To ensure a high quality finish in the interest of securing good design in accordance with Core Strategy design policy DM21 (Design: Aesthetics).
4. No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by the local planning authority. The Statement shall provide for:
• 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 including decorative displays and facilities for public viewing, where appropriate;
• wheel washing facilities;
• measures to control the emission of dust and dirt during construction;
• a scheme for recycling/disposing of waste resulting from demolition and construction works; and
• delivery, demolition and construction working hours.
The approved Construction Method Statement shall be adhered to throughout the construction period for the development.
Reason: In the interest of local amenity and protection of the local environment during construction.
5. No development shall take place within the site until the implementation of a programme of archaeological work has been secured, in accordance with a Written Scheme of Investigation which has been submitted to and approved in writing by the Local Planning Authority.
The scheme of investigation shall include an assessment of significance and research questions; and:
a) The programme and methodology of site investigation and recording;
b) The programme for post investigation assessment;
c) Provision to be made for analysis of the site investigation and recording;
d) Provision to be made for the publication and dissemination of the analysis and records of the site investigation;
e) Provision to be made for archive deposition of the analysis and records of the site investigation;
f) Nomination of a competent person or persons/organisation to undertake the works set out within the WSI.
The site investigation shall be completed prior to development, or in such other phased arrangement, as agreed and approved in writing by the Local Planning Authority.
Reason: To safeguard archaeological assets within the site boundary from impacts relating to groundworks and to ensure the proper and timely investigation, recording, reporting and presentation of archaeological assets affected by the development.
6. No development shall commence until precise details of the strategy for the disposal of surface water on the site have been submitted to and approved in writing by the local planning authority.
Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal, to ensure that the development can be adequately drained.
7. No development shall commence until details of the implementation, maintenance and management of the strategy for the disposal of surface water on the site have been submitted to and approved in writing by the local planning authority. The strategy shall be implemented and thereafter managed and maintained in accordance with the approved details.
Reason: To ensure clear arrangements are in place for ongoing operation and maintenance of the disposal of surface water drainage.
8. No development shall commence until 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:
Method statements, scaled and dimensioned plans and drawings detailing surface water management proposals to include:-
i. Temporary drainage systems
ii. Measures for managing pollution / water quality and protecting controlled waters and watercourses
iii. Measures for managing any on or offsite flood risk associated with construction.
Reason: To ensure the development does not cause increased flood risk, or pollution of watercourses in line with the River Basin Management Plan.
9. No site clearance, preparatory work or development shall take place until a scheme for the protection of the retained trees (as shown on Drawing No.1140 Street Farm Landscaping Strategy) and the appropriate working methods in accordance with British Standard BS5837: Trees in relation to design, demolition and construction - Recommendations (or in an equivalent British Standard if replaced) shall have been submitted to and approved in writing by the local planning authority. The scheme for the protection of the retained trees shall be carried out as approved.
[In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars].
Reason: To ensure that trees on and around the site are not damaged through the construction of the development.
10. No works or development shall commence until a full specification of all proposed tree and hedge planting has been submitted to and approved in writing by the local planning authority. The specification shall include the quantity, size, species, and positions or density of all trees to be planted, how they will be planted and protected and the proposed time of planting. The tree planting shall be carried out in accordance with the approved specification unless otherwise approved in writing by the Local Planning Authority.
Reason: To ensure a well laid out scheme of landscaping in the interest of good design and preserving the special qualities of the river valley location.
11. 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 by the local planning authority:
As 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;
• an 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 with current guidance and best practice, including: BS 10175:2011+A1:2013 and CLR11.
Reason: To ensure that risks from land contamination are minimised and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
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 detailed remediation method statement (RMS) has been submitted to and approved 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 CLR11.
Reason: To ensure that risks from land contamination are minimised and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
13. No development shall take place until full details of the finished levels of the development ('The Levels Plan'), above ordnance datum, has been provided and approved in writing by the Local Planning Authority. The levels plan must include precise details of all earthworks showing existing and proposed finished levels or contours; proposed floor levels of all the proposed buildings, in relation to ground levels; and proposed levels of all areas of hard landscaping across the site. This plan must also include site sections to demonstrate this. The development shall be carried out in accordance with the approved details.
Reason: Due to the sloping nature of the site, further precise details are required to understand the relative levels where development will take place.
14. The development hereby permitted shall not be occupied until details of all Sustainable Urban Drainage System components and piped networks have been submitted, in an approved form, to and approved in writing by the Local Planning Authority for inclusion on the Lead Local Flood Authority's Flood Risk Asset Register.
Reason: To ensure all flood risk assets and their owners are recorded onto the LLFA's statutory flood risk asset register as per s21 of the Flood and Water Management Act.
15. Prior to any occupation or use of the approved development the RMS approved under condition 5 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 and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
16. 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 and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
17. No other part of the development shall be commenced until the new vehicular access onto The Street (B1077) has been laid out and completed to at least Binder course level or better in accordance with the approve Road Details Plan (Drawing No. 019) and been made available for use. The access shall be fully completed prior to final occupation and thereafter be retained in the specified form.
Reason: To ensure that the access is designed and constructed to an appropriate standard and made available at the right time.
18. Before the approved access is first used, visibility splays shall be provided as shown on Drawing Nos. 019 and 002 revD with an X dimension of 2.4 metres; and a Y dimension of 90 metres; and thereafter retained in the specified form. Notwithstanding the provisions of Schedule 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 have sufficient visibility to safely enter the public highway.
19. The use shall not commence until the areas within the site on Drawing Nos. 019 and 002revD for the purposes of loading, unloading, manoeuvring and parking of vehicles have been provided and thereafter those areas 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
20. In accordance with the details in the submitted Preliminary Ecological Appraisal (November 2018), the recommended methods of working in Chapter 6 (in respect of conserving Bats, Breeding Birds, Terrestrial Invertebrates, Reptiles and Barn Owl) shall be adhered to during the site clearance, demolition and period of construction.
Reason: To ensure that any impacts on priority/protected species are minimised during.
21. In accordance with the recommended habitat enhancements in the submitted Preliminary Ecological Appraisal, the development shall include:
• The erection of two bird boxes on mature trees within the south-western tree line, which should be a minimum of 4 metres above ground level; and
• The inclusion of one integrated bat box in each of the detached and semi-detached buildings. The boxes shall be a minimum of 4 metres above ground level and on south-east to south-west orientations.
Reason: To ensure that the proposal delivers habitats enhancements in accordance with the objectives of Core Strategy Policies SP14 and DM27 (Biodiversity and Geodiversity).
22. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the first dwelling or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.
Reason: To ensure the landscaping strategy is implemented in a timely manner.
23. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted a remediation strategy to the Local Planning Authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the Local Planning Authority. The remediation strategy shall be implemented as approved.
Reason: To ensure that risks from land contamination are minimised, in the event that unexpected contamination is found.
24. Prior to the construction of the dwellings at plots 1-11, details of the boundary fences that divide the residential gardens intersecting the river Fynn shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented in full and thereafter retained in the approved form.
Reason: To ensure these fences are permeable (to allow the flow of water) and incorporate removable sections/panels to enable emergency access to the watercourse for the Environment Agency.
25. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), there shall be no new outbuildings/garages and sheds; areas of hardstanding; and gates, fences and walls erected within the rear gardens of plots 1-11 unless express planning permission is obtained for such development from the Local Planning Authority.
Reason: Physical objects and development in this area may obstruct flood flows which would increase flood risk both on and off-site. Clear access to the watercourse also needs to be retained for the Environment Agency.