Agenda and minutes

Prior to the commencement of the meeting, the Chairman asked all those present to observe a one minute silence in memory of former District Councillor David Bimson who had recently passed away after a short period of ill health and who had sat on the Development Control Committee as the Ward Member for Brandon West.

Apologies for absence were received from Councillors Andrew Appleby and Stephen Edwards.

There were no substitutes at the meeting.

To confirm the minutes of the meeting held on 3 February 2016 (copy attached).

The minutes of the meeting held on 3 February 2016 were unanimously accepted as an accurate record and were signed by the Chairman.

Report No: DEV/FH/16/004

Hybrid planning application: - 1) Full application for the creation of  new vehicular access onto Station Road, and entrance to a new  primary school, 2) Outline application for up to 375 dwellings (including 112 affordable homes), and the provision of land for a new primary school, land for ecological mitigation and open space and associated infrastructure (as amended).

The Lawyer advised that this item had been withdrawn from the agenda as a result of the Council having received notice earlier that day of a potential challenge of Judicial Review in relation to this application.  Accordingly, Officers now required time in which to consider this matter and potentially seek further legal advice.

Report No: DEV/FH/16/005

Conversion of former nightclub to residential use (36 dwelling units including 2 affordable units) and 290 square metres of office space, a detached block of 10 affordable housing apartments and ancillary parking (as amended by drawings received 19 October 2015).

Conversion of former nightclub to residential use (36 dwelling units including 2 affordable units) and 290 square metres of office space, a detached block of 10 affordable housing apartments and ancillary parking (as amended by drawings received 19 October 2015).

This application was referred to the Development Control Committee because it was for a ‘major development’ and raised issues which were in the public interest.

A number of comments had been received from statutory consultees and third parties.  A Member site visit had been held prior to the meeting and Officers were recommending that the application be approved as set out in Paragraph 178 of Report No DEV/FH/16/005.

The Principal Planning Officer – Major Projects advised that since publication of the agenda amended plans had been submitted by the applicant showing an altered layout to the affordable units and the Council’s Housing Team had confirmed the acceptability of the amended layout.

The Committee’s attention was drawn to the percentage of affordable housing provided by the development, which fell below the Council’s desired 30%.  The Officer explained that a financial contribution in lieu of the additional affordable units could be secured through the Section 106 agreement.

Secondly, it was also highlighted to Members that given the urban location Suffolk County Council considered the reduced parking provision for the development (1 per dwelling and 5 for the office space) to be acceptable.

The Officer also explained that the former De Niros nightclub building was re-listed as an Asset of Community Value (ACV) in January 2016 (following an initial nomination in September 2015) and a further review was requested by the building owner.  The outcome of this review was expected within the next week.

The Committee were advised that further comments had been received from the West Suffolk Tree and Landscape Officer, further to those set out in the report at Paragraph 47.  The Tree and Landscape Officer was now satisfied that with conditions (as included at Paragraph 178) the impact on the existing trees within the neighbouring Memorial Gardens could be managed and that any direct damage would not cause unacceptable harm.  Hence, they were no longer objecting to the application.

The Planning Officer added that the applicant had offered to provide a tree planting scheme and was currently in discussions with Newmarket Town Council (as owners of the Memorial Gardens) to facilitate this.

Lastly, the Case Officer drew attention to two additional items that needed to be added to the recommendation in Paragraph 178:

1.   Section 106 agreement to include a contribution to Newmarket Railway Station (this had been mistakenly omitted); and

2.   An additional condition to be included for details of levels.

A number of Members raised concerns with regard to the effects the construction could have on both the trees within the Memorial Gardens and the usage of the neighbouring Grosvenor Yard car park. 

The Principal Planning Officer – Major Projects explained that the Highways Engineer considered there to be sufficient space within the site for construction vehicles without  ...  view the full minutes text for item 124.

Report No: DEV/FH/16/006

Installation of on farm anaerobic digestion plant to produce biogas with digesters, silage clamps, lagoons, pipeline to gas grid, landscaping and associated infrastructure.

Installation of on farm Anaerobic Digestion plant to produce biogas and digesters, silage clamps, lagoons, pipeline to gas grid, landscaping and associate infrastructure.

This application was referred to the Development Control Committee because it was for a ‘major development’ and raised issues which were in the public interest.

A number of comments had been received from statutory consultees and third parties, including Worlington Parish Council and neighbouring Parish Councils.  A Member site visit had been held prior to the meeting and Officers were recommending that the application be approved as set out in Paragraph 97 of Report No DEV/FH/16/006.

The Principal Planning Officer advised that since publication of the agenda amended plans had been submitted by the applicant which removed the standalone gas compound from the application as this would now be located within the main Anaerobic Digestion (AD) plant.

As part of her presentation the Officer outlined a number of additional comments that had been received from the following parties:

·         West Suffolk Tree and Landscape Officer;

·         Environment Agency;

·         Worlington Parish Council;

·         Red Lodge Parish Council;

·         Herringswell Parish Council;

·         Royal Worlington Golf Club; and

·         Historic England.

The Committee’s attention was drawn to the comments made by Historic England with reference to the Scheduled Monument of the Bowl Barrow on Chalk Hill which formed part of the application site.  The Officer advised that the applicant had provided a landscape plan to reduce the impact on the Scheduled Monument and this was deemed acceptable.

Members were informed that the application was for a development that would generate renewable energy and, as such, this was given significant weight in line with both local and national policy.

Lastly, the Officer drew attention to the following amendments/additions to the list of conditions set out in Paragraph 97:

1.   Condition No 7 to be amended to read “HGV movements” as opposed to deliveries;

2.   Condition No 16 (contamination remediation strategy) to be removed; and

3.   Additional conditions to be included in respect of:

                     I.        Details of lagoon covers;

                   II.        Protective fencing for trees;

                 III.        Fixing of bat boxes (as recommended by the Environmental Report); and

                 IV.        Recommendations of the Badger Survey to be carried out.

In light of the traffic concerns raised by the Parish Councils Councillor David Bowman asked if it would be possible to amend Condition No 4 to state that no development would commence until the Traffic Management Plan was approved. 

The Case Officer consulted her file of correspondence and confirmed that she did have in writing confirmation from the applicant that they would be happy for this to be conditioned in this way.

Accordingly, it was moved by Councillor David Bowman, seconded by Councillor Ruth Bowman and with the vote being unanimous, it was resolved that:

Planning permission be GRANTED subject to the following conditions:

1.   Time

2.   Compliance with approved plans.

3.   Highways – surfacing of access

4.   Highways – Traffic Management Plan; with no development to commence until this is approved

5.   Highways – Construction Delivery Plan

6.   Highways  ...  view the full minutes text for item 125.

Before closing the meeting, the Chairman thanked the Principal Planning Officer for all her hard work during her time with the Planning Department and wished her well in her new role in Legal Services which she was due to commence later that month.