Agenda and minutes

The Chairman informed all members of the public in attendance that they were present in order to listen to the discussion and did not have the right to address the meeting.  They were not to cause a disturbance or interrupt and, if necessary, anyone making a disturbance could be asked to leave.

Apologies for absence were received from Councillors David Bowman, Ruth Bowman, Simon Cole and Roger Dicker.

Councillor John Bloodworth attended the meeting as substitute for Councillor Ruth Bowman and Councillor Nigel Roman attended as substitute for Councillor David Bowman.

To confirm the minutes of the meeting held on 6 July 2016 (copy attached).

The minutes of the meeting held on 6 July 2016 were accepted as an accurate record and were signed by the Chairman, with 11 voting for the motion and with 1 abstention.

Report No: DEV/FH/16/024

Hybrid Planning Application DC/14/2047/HYB comprising: Full application for erection of 41 dwellings (including 12 affordable dwellings), creation of new vehicular access onto Beeches Road, an outline application with all matters reserved for the erection of up to 90 dwellings and an outline application with all matters reserved for 7 self-build homes, the provision of 1.91 hectares of public open space, 1.9 hectares of landscaping and 4.46 hectares of retained agricultural land for potential ecological mitigation.

The Chairman agreed for this item to be brought forward on the agenda.

Hybrid Planning Application DC/14/2047/HYB comprising: Full application for erection of 41 dwellings (including 12 affordable dwellings), creation of new vehicular access onto Beeches Road, an outline application with all matters reserved for the erection of up to 90 dwellings and an outline application with all matters reserved for 7 self-build homes, the provision of 1.91 hectares of public open space, 1.9 hectares of landscaping and 4.46 hectares of retained agricultural land for potential ecological mitigation.

This application was referred to the Development Control Committee because one of the applicants was related to the Leader of the District Council and because the application was contrary to the Development Plan.

A Member site visit was held prior to the meeting.  Officers were recommending that the application be approved, as set out in Paragraphs 94 - 97 of Report No DEV/FH/16/024.

The Service Manager (Planning – Development) advised that since publication of the agenda a further five additional letters of objection had been received from West Row residents, all of which raised issues which had been covered in previous representations.

The Officer also outlined the following corrections to the report:

Paragraph 20 – the footpath referred to as FP8 should have read FP6;

Paragraph 49 – the reference to the village of Lakenheath should have read West Row;

Paragraph 55 – the reference to the town of Mildenhall should have read West Row; and

Paragraph 94 – the Travel Plan Bond S106 contribution should have read £123,644.

The Officer made reference to the current status of the Council’s Local Plan and the NPPF.  She explained that the recommendation was one of balance; with Officers having weighed up the benefits and dis-benefits of the scheme. 

Considerable discussion took place on the highways elements of the development with the Officer outlining the extensive traffic measures that were to be delivered.

Councillor Brian Harvey drew attention to Condition 15 within Paragraph 96 which referred to the Zebra Crossing to be delivered on Beeches Road as part of the scheme.  He asked if the condition could be amended to ensure that the crossing was in place prior to the development commencing (as opposed to prior to the first dwelling being occupied).  The Officer confirmed that the condition could be amended to reflect this.

Accordingly, Councillor Harvey then moved that the application be approved (inclusive of the amendment to Condition 15, above) and this was duly seconded by Councillor Louis Busuttil.

With 11 voting for the motion and with 1 abstention, it was resolved that

Outline planning permission be GRANTED subject to:

1.   The completion of a S106 agreement to secure:

·         Proportionate Highway contribution to an altered Queensway Junction – Cost to be confirmed in the coming weeks.

·         SCC Travel Plan evaluation and & support officer – £1,000 per year up to 5 years from final occupation

·         Travel Plan Bond - £123,644

·         Rights of Way - Between £82,320 and £88,920 depending on the order making  ...  view the full minutes text for item 155.

Report No: DEV/FH/16/017

Planning Application DC/16/0715/FUL - Retention of - Change of use of Orthodontic Practice (Class D1) to self-contained flat (Class C3)

Planning Application DC/16/0715/FUL - Retention of - Change of use of Orthodontic Practice (Class D1) to self-contained flat (Class C3)

This application was referred to the Development Control Committee due to the complex policy issues.

Officers were recommending that the application be approved as set out in Paragraph 39 of Report No DEV/FH/16/017.

It was moved by Councillor Brian Harvey, seconded by Councillor Nigel Roman and with the vote being unanimous, it was resolved that

Planning permission be GRANTED.

Report No: DEV/FH/16/018

Outline Planning Application DC/15/0070/OUT (means of access to be considered) - up to 8 no dwellings and associated access

Outline Planning Application DC/15/0070/OUT (means of access to be considered) - up to 8 no dwellings and associated access.

This application was deferred from consideration at the Development Control Committee on 6 July 2016 as Members resolved that they were ‘minded to approve’ planning permission, contrary to the Officer recommendation of refusal, due to the benefits the scheme provided.

Report No DEV/FH/16/018 included a risk assessment of the potential reasons for approval.  A Member site visit had been held prior to the July meeting.  Officers were continuing to recommend that the application be refused.

Councillor Louise Marston made reference to the benefits the scheme afforded and moved that the application be approved, this was duly seconded by Councillor Brian Harvey.

With 11 voting for the motion and with 1 against, it was resolved that:

Planning permission be GRANTED subject to the following conditions:

1.   Application for the approval of the matters reserved by conditions of this permission shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.  The development hereby permitted shall be begun not later than whichever is the latest of the following dates:-

i. The expiration of three years from the date of this permission;

or

ii. The expiration of two years from the final approval of the reserved matters; or,

iii. In the case of approval on different dates, the final approval of the last such matter to be approved.

Reason: To conform with the requirements of Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.   Details of the appearance, landscaping, layout, and scale (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

Reason: Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990 (as amended) and to enable to the Local Planning Authority to exercise proper control over these aspects of the development

3.   The development hereby permitted shall not be carried out except in complete accordance with the details shown on the following approved plans and documents:

Location plan (received 14.01.2015)

Layout plan 02 B (received 08.02.2016)

Highways improvement layout 150/2014/01

Highways improvement layout 150/2014/02

Highways improvement layout 150/2014/03

Reason: To define the scope and extent of this permission.

4.   Demolition or construction works shall not take place outside 08:00 hours to 18:00 hours Mondays to Fridays and 08:00 hours to 13.30 hours on Saturdays and at no time on Sundays or Bank Holidays.

Reason: To protect the amenity of occupiers of adjacent properties from noise and disturbance.

5.   No security lights or floodlights shall be erected on site without the submission of details to, and written approval from, the Local Planning Authority.

Reason: To ensure a lighting environment of low district brightness at residential properties and to protect the  ...  view the full minutes text for item 157.

Report No: DEV/FH/16/019

Planning Application DC/16/0179/FUL - 2no. two storey dwellings as amended by drawing nos. 755/1, 2, 3, 4, 5,  6, 7 and 16 5638 10 Rev J received 20th May, 27th June and 20th July 2016 revising layout and design and omitting 1no. dwelling.

Planning Application DC/16/0179/FUL - 2no. two storey dwellings as amended by drawing nos. 755/1, 2, 3, 4, 5,  6, 7 and 16 5638 10 Rev J received 20th May, 27th June and 20th July 2016 revising layout and design and omitting 1no. dwelling.

This application was referred to the Development Control Committee due to the complex policy issues.

A Member site visit was held prior to the meeting.  Officers were recommending that the application be approved, as set out in Paragraph 64 of Report No DEV/FH/16/019.

Councillor Brian Harvey raised a query with regard to the amended scheme no longer containing garages.  The Planning Officer explained that in order to alleviate Members’ concerns with this element a condition could be added to remove permitted development rights, therefore, ensuring that a planning application would have to be submitted for any further development on the site.

Councillor Carol Lynch spoke in support of the application in view of the Parish Council and neighbours supporting the scheme.  She moved that it be approved, inclusive of the additional condition regarding permitted development rights, and this was duly seconded by Councillor John Bloodworth.

With the vote being unanimous, it was resolved that:

Planning permission be GRANTED subject to the following conditions:

1.   01A – Time limit detailed.

2.   14FP – Development to accord with drawing nos. 755/1, 2, 3, 4, 5, 6 and 7 received 20th May and 27th June 2016, Site Location Plan and drawing no. 16-5638 - 10 Rev J received 27^th June 2016 and  20^th July 2016 Arboricultural Impact Assessment and Method Statement received 23rd May 2016.

3.   04C – Facing and roof samples.

4.   18 - No other part of the development hereby permitted shall be commenced until the existing vehicular access has been improved, laid out and completed in all respects in accordance with DM01; and with an entrance width of 5.4 metres Thereafter the access shall be retained in the specified form.

5.   18 - Prior to the new dwellings hereby permitted being first occupied, the improved 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.

6.   18 - Prior to occupation 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.

7.   18 - 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. The approved scheme shall be carried out in its entirety before the access is first used and shall be retained thereafter in  ...  view the full minutes text for item 158.

Report No: DEV/FH/16/020

Hybrid planning application DC/14/2096/FUL - 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).

Hybrid planning application DC/14/2096/FUL - 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).

This application was referred to the Development Control Committee because it was a proposal for ‘major’ development.  In addition, it also raised complex planning issues of national and international importance.

By way of background; the Committee were reminded that the application had been withdrawn from the agenda of the Development Control Committee meeting on 2 March 2016 to enable appropriate consideration of a direct threat of legal challenge received from solicitors acting on behalf of Lakenheath Parish Council.

The application was then returned to the Development Control Committee on 6 April 2016 following receipt of a request from Suffolk County Council for the Planning Authority to provide a steer on the merits of the planning application.  However, a number of key matters had changed since the April Committee meeting and the Committee were now being asked to determine the planning application in light of the strength of evidence which currently existed.

The Principal Planning Officer – Major Projects opened his presentation by providing the following updates since publication of the agenda:

·         Working Paper 4 – this had been mistakenly omitted from the printed agenda, with Working Paper 3 having been attached twice.  Working Paper 4 had, therefore, been circulated under separate cover, prior to the meeting;

·         Layout plan - the version attached to the agenda was now obsolete, a concept drawing of the new layout was included as part of the Officer’s PowerPoint presentation;

·         Paragraph 216 – the last sentence beginning “The receipt from the Leader of Suffolk County Council…” should be removed and disregarded;

·         Paragraph 283 – it had been determined that aircraft movement did not lead to air quality concerns at the application site and this would, therefore, not be part of the Officer’s presentation (contrary to what was written in this paragraph of the report);

·         Secretary of State – the Planning Authority had received confirmation from the Secretary of State that he would consider whether or not to formally call-in the application following the decision made by the Planning Authority; and

·         Four further representations had been received in respect of the application from:

I.     Lakenheath Parish Council (solicitors acting on their behalf);

II.   Defence Infrastructure Organisation (MoD);

III. Elveden Estates (agents acting on their behalf); and

IV. The Council’s Public Health and Housing Team.

These representations had been emailed to the Committee by the Case Officer, prior to the meeting.  Hard copies were also tabled to the meeting to all present.

The Officer then went through each of the representations and summarised the points made and his response to each.

Lastly, the Committee was advised that a further representation had been forwarded from the Parish Council to the  ...  view the full minutes text for item 159.

Report No: DEV/FH/16/021

The Principal Planning Officer – Major Projects advised the Committee that a provisional Tree Preservation Order (TPO) was made on trees on land North of Station Road, Lakenheath on 2 June 2016.

The TPO was served to protect the mature trees on this site which were an important landscape feature characteristic of the area and of the Breckland landscape character type. The TPO was required to prevent the precipitous removal of trees on this potential development site and to protect retained trees into the future when, if the site is developed, they would increase in their public amenity value.

The statutory consultation period for the TPO expired on 4 July 2016. An objection to the TPO had been received from the agent in connection with the planning application that had been submitted for the site (as determined under the previous item on the agenda, Report No DEV/FH/16/020).

Members were informed that Planning Officers did not consider the objections made to be warranted and they were recommending that the TPO be confirmed without modifications.

It was moved by Councillor Louise Marston that the TPO be confirmed as per the Officer recommendation and this was duly seconded by Councillor Stephen Edwards.

With the vote being unanimous, it was resolved that

Tree Preservation Order TPO 3, 2016 (Land North of Station Road, Lakenheath) be CONFIRMED without modification.

Report No: DEV/FH/16/022

Planning Application DC/16/1036/FUL - 2.4metre high fencing to the rear of the Leisure Centre including replacement of access gates.

Planning Application DC/16/1036/FUL - 2.4metre high fencing to the rear of the Leisure Centre including replacement of access gates.

This application was referred to the Development Control Committee because the applicant was Forest Heath District Council.

Officers were recommending that the application be approved as set out in Paragraph 17 of Report No DEV/FH/16/022.

It was moved by Councillor Carol Lynch that the application be approved as per the Officer recommendation and this was duly seconded by Councillor Nigel Roman.

With the vote being unanimous, it was resolved that

Planning permission be GRANTED subject to the following conditions:

1.   01A – Time limit detailed.

2.   14FP – Development to accord with drawing nos. 01 and 02 received 17^th May 2016 and Location Plan and Block Plan received 17th May 2016.

3.   23 – Existing landscaping to be retained.

Report No: DEV/FH/16/023

Planning Application DC/16/1131/FUL - (i) 2no buildings to include 11no. apartments and 1no. Office unit (following demolition of existing building) (ii) Freestanding bicycle/bin store.

Planning Application DC/16/1131/FUL - (i) 2no buildings to include 11no. apartments and 1no. Office unit (following demolition of existing building) (ii) Freestanding bicycle/bin store.

This application had been referred to the Development Control Committee because it was a major development and Newmarket Town Council had objected to the development which was contrary to the Officer recommendation.

A Member site visit had been held prior to the meeting.  Officers were recommending that the application be approved as set out in Paragraph 45 of Report No DEV/FH/16/023.

The Senior Planning Officer explained that the site already had planning permission achieved in February 2016 for 10 apartments.  For the benefit of the Committee she outlined the changes made to the scheme in the application before them.

Whilst some Members spoke in support of the application (including Councillor Andrew Appleby, the Ward Member), Councillor Carol Lynch voiced concern at the loss of a prestigious large house in Newmarket.

Councillor Brian Harvey raised a query concerning the trees on the site.  The Officer explained that as the site was within a Conservation Area all the trees were automatically protected.

It was moved by Councillor Appleby that the application be approved, as per the Officer recommendation, and this was duly seconded by Councillor Louis Busuttil.

With 8 voting for the motion and with 4 against, it was resolved that

Planning permission be GRANTED subject to the following conditions:

1.   The development hereby permitted shall be begun not later than 3 years from the date of this permission.

2.   Prior to development above ground level, samples of the proposed external materials have been submitted to and approved in writing by the Local Planning Authority.

3.   Prior to development above ground level, details of the windows to be used (including details of glazing bars, sills, heads and methods of opening and glazing) shall be submitted to and approved in writing by the Local Planning Authority. Unless otherwise agreed with the Local Planning Authority the details shall be in the form of elevations drawn to a scale of not less than 1:10 and horizontal and vertical cross-section drawings to a scale of 1:2 fully detailing the replacement windows. Unless otherwise approved in writing by the Local Planning Authority all glazing shall be face puttied. The works shall be carried out in complete accordance with the approved details.

4.   No part of the development shall be commenced until details of the proposed access (including the position of any gates to be erected and visibility splays provided) have been submitted to and approved in writing by the Local Planning Authority. The approved access shall be laid out and constructed in its entirety prior to first occupation of the property.

Thereafter the access shall be retained in its approved form.

5.   The areas to be provided for storage of Refuse/Recycling bins as shown on drawing number 15.556 P 01 F shall be provided in its entirety before the development is brought into use and shall be retained thereafter for no  ...  view the full minutes text for item 162.