Agenda for Forest Heath Development Control Committee on Wednesday 5 September 2018, 6.00 pm

Agenda and minutes

Venue: Council Chamber, District Offices, College Heath Road, Mildenhall, Suffolk IP28 7EY

Contact: Helen Hardinge  Email: helen.hardinge@westsuffolk.gov.uk

Items
No. Item

313.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors Chris Barker and Louise Marston.

314.

Substitutes

Minutes:

There were no substitutes present at the meeting. 

315.

Minutes pdf icon PDF 182 KB

To confirm the minutes of the meeting held on 1 August 2018 (copy attached).

Minutes:

The minutes of the meeting held on 1 August 2018 were unanimously received by the Committee as an accurate record and were signed by the Chairman.

316.

Planning Application DC/18/1126/OUT - Land North of Belle Vue, Newmarket Road, Barton Mills (Report No: DEV/FH/18/015) pdf icon PDF 149 KB

Report No: DEV/FH/18/015

 

Outline Planning Application (all matters reserved) - 5no. dwellings

Additional documents:

Minutes:

The Chairman advised that since publication of the agenda the Agent had withdrawn this application, accordingly this report was WITHDRAWN from the agenda and would not be considered by the Committee.

317.

Planning Application DC/18/1489/VAR - Mildenhall Hub, Sheldrick Way, Mildenhall (Report No: DEV/FH/18/016) pdf icon PDF 154 KB

Report No: DEV/FH/18/016

 

Planning Application - Variation of Condition 3 of DC/17/1106/FUL to amend the timing for the certification of the diverted public right of way, to prior to the first occupation of the development.  The submission and agreement of full details of the temporary diversion of the public footpath and the provision of that path to remain prior to the commencement of any works affecting the existing routes

Additional documents:

Minutes:

Planning Application - Variation of Condition 3 of DC/17/1106/FUL to amend the timing for the certification of the diverted public right of way, to prior to the first occupation of the development.  The submission and agreement of full details of the temporary diversion of the public footpath and the provision of that path to remain prior to the commencement of any works affecting the existing routes

 

This application was referred to the Development Control Committee because it was a major strategic development site and the applicant was Forest Heath District Council.

 

The Principal Planning Officer reminded the Committee that planning permission for the Mildenhall Hub development had been granted at their meeting in November 2017. 

 

The application before Members for determination simply sought to vary the condition in respect of the timing of the delivery of the diverted public right of way that was approved as part of the original scheme. 

 

Officers were recommending that the application be approved as set out in Paragraph 12.1 of Report No DEV/FH/18/016.

 

The Principal Planning Officer drew attention to Paragraph 5.1 of the report and confirmed that the extended consultation period expired on 4 September 2018 and no further comments had been received on the application.

 

Councillor Ruth Bowman spoke in support of the variation, which she considered a reasonable practical solution, and moved that the application be approved, as per the Officer recommendation.  This was duly seconded by Councillor Simon Cole.

 

Upon being put to the vote and with the vote being unanimous, it was resolved that

 

Decision

 

The application be GRANTED subject to the conditions attached to planning permission DC/17/1106/FUL except for the variation of condition 3, which shall now read as follows:

 

3  PROW

 

Prior to the commencement of any development on site that would affect the current route of Mildenhall Public Footpath No. 25 and Mildenhall Public Footpath No. 24 details of the temporary diversion of both public footpaths shall be submitted to and agreed in writing by the Local Planning Authority.  The temporary diversions shall be in put in place in accordance with a timetable to be agreed with the Local Planning Authority.  Prior to first use of the development permitted the Town and Country Planning Act Diversion Order shall be confirmed and certified.

318.

Planning Application DC/18/1272/FUL - War Memorial, Warren Road, Red Lodge (Report No: DEV/FH/18/017) pdf icon PDF 145 KB

Report No: DEV/FH/18/017

 

Planning Application - Installation of a 2.8 metre high war memorial

Additional documents:

Minutes:

Planning Application - Installation of a 2.8 metre high war memorial

 

This application was referred to the Development Control Committee as it had been submitted by the Red Lodge War Memorial Committee which was chaired by Forest Heath District Councillor Lance Stanbury.

 

Officers were recommending that the application be approved, subject to conditions as set out in Paragraph 25 of Report No DEV/FH/18/017.

 

Speaker:      Mr Lance Stanbury (applicant) spoke in support of the application

 

Councillor Simon Cole asked a question as to what would be done with the existing memorial in Red Lodge (close to the Millennium Centre) when the new memorial was erected.  He also asked whether the Council had any relevant policies to judge how many war memorials there should be in any given settlement.

 

The Principal Planning Officer explained that the Planning Authority had not been made aware of what was planned in respect of this as it was not part of the planning process or pertinent to the determination of this application.  In addition, the Officer advised that there were no planning policies which related to the number of memorials in any one locality. 

 

Councillor Carol Lynch addressed the meeting in her capacity as Ward Member for Red Lodge and explained that there were no arrangements in place to dispose of the existing memorial which was quite small and inauspicious.

 

Councillor Lynch then moved that the application be approved as per the Officer recommendation.  This was duly seconded by Councillor David Bowman.

 

Upon being put to the vote and with 10 voting for the motion and with 2 abstentions, it was resolved that

 

Decision

 

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

 3       No construction site machinery or plant shall be operated, noisy works shall be carried out and no construction related deliveries taken at or despatched from the site except between the hours of 0800-1800 Monday to Friday, 0800-1300 Saturday and not at any time on Sundays or Bank or Public Holidays.

319.

Supplementary Information in Respect of Agenda Items 7, 8, 9 & 10 and Case Officer Introduction to the Applications

Minutes:

Prior to the consideration of Agenda Items 7, 8, 9 and 10 the Case Officer for the four Lakenheath planning applications tabled a set of supplementary documents which related to the four reports (Report Nos DEV/FH/18/018, 019, 020 and 021).

 

The Chairman then allowed a 10 minute adjournment in order to permit the Committee time in which to peruse the tabled documentation.

 

On reconvening the meeting the Chairman invited the Case Officer for the applications to provide the meeting with a collective introduction to the four reports in question.

 

The Committee was advised that all four applications were referred to the Development Control Committee because they were proposals for ‘major’ development, raised complex planning issues and the recommendations to grant planning permission were contrary to the provisions of the extant Development Plan.

 

The Principal Planning Officer reminded Members that the applications had all been considered previously by the Development Control Committee culminating in resolutions to grant planning permission at meetings in June and July 2017.

 

The applications were returned to Committee in the light of material changes in circumstance which had occurred since the decisions to grant planning permission were made. 

 

In particular, a ruling made in early 2018 by the Court of Justice of the European Union which changed the way in which decision makers were to interpret and apply the specific provisions of the ‘Habitat Regulations’.

 

The Court ruling also had knock-on implications for the way in which national planning policies were applied to the applications and, ultimately, the way in which the Development Control Committee needed to approach and balance the material issues raised by each of the proposals.

 

Furthermore, the Government in July 2018 updated national planning policies and published a revised National Planning Policy Framework (NPPF).  The policies set out in the NPPF were material to the consideration of the planning applications and were discussed in each of the four reports.

 

The Principal Planning Officer explained that each of the four reports in question were comprehensive and stand-alone, prepared in light of the decision of the European Court of Justice.

 

Members were not to give any regard to the previous reports presented to the Committee in respect of these applications and no weight was to be given to the previous resolutions to grant planning permission – the applications were to be considered afresh.

 

The Case Officer then spoke on each of the supplementary papers and summarised what Members had before them, he responded to points raised within some of the documentation where considered pertinent to the applications:

     i.        Letter from Clarke Saunders Acoustics (advisors to Lakenheath Parish Council) with appended noise survey time history data document and map identifying the location of the noise monitoring equipment during the survey period;

    ii.        Letter from WSP UK Limited in response to the correspondence at i. above, on behalf of the applicants proposing the development at Agenda item 10 (Report No DEV/FH/18/021);

   iii.        Further comments and appendix (RAF letter to Lakenheath Parish Council addressing military aircraft  ...  view the full minutes text for item 319.

320.

Planning Application DC/14/2096/HYB - Land at Station Road, Lakenheath (Report No: DEV/FH/18/018) pdf icon PDF 927 KB

Report No: DEV/FH/18/018

 

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)

Additional documents:

Minutes:

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).

 

The Principal Planning Officer explained that, following amendment in September 2015, the proposal before the Committee was in hybrid form with all aspects of the application seeking ‘outline’ permission and with only the site access and a small length of the estate road behind it being in ‘full’.

 

Member site visits had been previously undertaken by the Committee.  Lakenheath Parish Council objected to the proposal together with a number of village residents.

 

Officers were recommending that the application be approved, subject to conditions and the completion of a S106 Agreement, as set out in Paragraph 420 of Report No DEV/FH/18/018.

 

As part of his presentation the Officer made reference to:

·         Noise contour mapping;

·         Maps showing the Breckland Special Protection Area (SPA);

·         The Site Allocations Local Plan (SALP); following the changes made to housing redistribution by Forest Heath District Council in February 2018 when Lakenheath’s distribution was reduced by 165 homes resulting in site SA8(b) being removed;

·         The 30mph speed limit that had been extended along Station Road, with the pending traffic calming measure to be dealt with via conditions;

·         The 30% affordable homes to be delivered via the scheme; and

·         Other determined and pending planning applications for Lakenheath and the current status of each.

 

Speakers:    Mr Mike Malina (School Governor: Lakenheath Primary School) spoke against the application

                   Mr Ed Clarke (Lakenheath Parish Council’s appointed Noise Acoustician) spoke against the application

 

During the ensuing debate a number of Members voiced questions/comments with regard to noise, particularly in relation to the proposed school and the future arrival of the F35A aircraft.

 

In response, the Officer explained that data provided by the Defence Infrastructure Organisation (DIO) demonstrated very little difference in noise levels from the F35A beyond that which Lakenheath experienced currently.  Furthermore, the proposed school was situated in a lower noise contour than the existing school, which had limited sound mitigation in place due to the age of the building, and no evidence had been submitted to demonstrate that this had caused harm.

 

Councillor David Bowman spoke on the need for the second primary school and homes and proposed that the application be approved as per the Officer recommendation.  This was duly seconded by Councillor Simon Cole.

 

Councillor Ruth Bowman also spoke in support and highlighted the importance of children being able to attend a primary school within their own village.

 

Councillor Andrew Appleby proposed an amendment that the application be deferred until Suffolk County Council (as Local Education Authority) made a decision on their full planning application for the primary school site.

 

The Principal Planning Officer explained that he would not recommend a deferral on this basis because the Planning Authority could  ...  view the full minutes text for item 320.

321.

Planning Application DC/13/0660/FUL - Land off Briscoe Way, Lakenheath (Report No: DEV/FH/18/019) pdf icon PDF 3 MB

Report No: DEV/FH/18/019

 

Erection of 67 dwellings (including 20 affordable dwellings)

together with public open space, as amended

Additional documents:

Minutes:

Erection of 67 dwellings (including 20 affordable dwellings) together with public open space, as amended

 

The Principal Planning Officer explained that this application sought full planning permission.

 

Member site visits had been previously undertaken by the Committee.  Lakenheath Parish Council objected to the proposal together with a number of village residents.

 

Officers were recommending that the application be approved, subject to conditions and the completion of a S106 Agreement, as set out in Paragraph 352 of Report No DEV/FH/18/019.

 

As part of his presentation the Officer made reference to:

·         Noise contour mapping;

·         The Site Allocations Local Plan (SALP); following the changes made to housing redistribution by Forest Heath District Council in February 2018 when Lakenheath’s distribution was reduced by 165 homes resulting in site SA8(b) being removed;

·         The 30% affordable homes to be delivered via the scheme; and

·         Other determined and pending planning applications for Lakenheath and the current status of each.

 

Speakers:    Mr Derek Banks (Lakenheath resident) spoke against the application

Councillor Hermione Brown (Lakenheath Parish Council) spoke against the application

 

Councillor David Bowman proposed that the application be approved as per the Officer recommendation.  This was duly seconded by Councillor Simon Cole.

 

Upon putting the motion to the vote and with 8 voting for, 1 against and with 3 abstentions, it was resolved that

 

Decision

 

Planning permission be GRANTED subject to:

 

1.   The completion of an Agreement (or equivalent) under S106 of the Town and Country Planning Act 1990 (as amended) to secure::

 

·      Affordable housing (30% = 20 units on site – 14 rented and 6 intermediate and 0.1 units by means of a developer contribution - £6,940)

·      Education contribution (Primary School - £262,388 for build costs and a proportionate contribution towards land acquisition costs – £18,116)

·      Pre-school contribution (£64,526 for build costs and £4,344 for land acquisition costs)

·      Libraries Contribution (£14,472)

·      Public Open Space maintenance contribution (optional payment only relevant if the land is transferred subsequently to the District Council for future maintenance - £36,090)

·      Strategic Highway Contribution - £21,176.24 (for sustainable links to village amenities – pro rata contribution)

·      SPA Recreational Impact Contribution (to provide a bridge pedestrian crossing of the drainage channel to the north) £120,000

 

2.   And conditions, including:

 

1.      Time limit (3 years for commencement)

2.      Compliance with the approved plans

3.      Materials (use of those proposed)

4.      Bin and cycle storage strategy for the affordable flats (details to be approved and thereafter implemented)

5.      Public open space (strategy for future management and maintenance)

6.      Landscaping (precise details of new hard and soft landscaping, including of the public open space)

7.      Ecology (precautionary mitigation and enhancements at the site)

8.      Construction management plan (to include waste minimisation and recycling, tree/hedgerow protection measures/deliveries management plan, dust management, wheel washing, working hours (including deliveries and operation of generators, lighting scheme (if any), site compound/storage/staff parking areas)

9.      As recommended by LHA (as summarised at paragraph 26 above, including reasonable Travel Planning requirements)

10.   Contamination & remediation (further investigations and any remediation necessary)

11.   Means  ...  view the full minutes text for item 321.

322.

Planning Application F/2013/0345/OUT - Land at Rabbit Hill Covert, Station Road, Lakenheath (Report No: DEV/FH/18/020) pdf icon PDF 740 KB

Report No: DEV/FH/18/020

 

Erection of up to 81 dwellings

Additional documents:

Minutes:

Erection of up to 81 dwellings

 

The Principal Planning Officer explained this application sought outline planning permission with all matters reserved.

 

In addition to the reasons set out earlier in the meeting, this application had also been referred to the Development Control Committee in light of the applicant being a Forest Heath District Councillor.

 

Member site visits had been previously undertaken by the Committee.  Lakenheath Parish Council objected to the proposal together with a number of village residents.

 

Officers were recommending that the application be approved, subject to conditions and the completion of a S106 Agreement, as set out in Paragraph 360 of Report No DEV/FH/18/020.

 

As part of his presentation the Officer made reference to:

·         Noise contour mapping;

·         Maps showing the Breckland Special Protection Area (SPA);

·         The Site Allocations Local Plan (SALP); following the changes made to housing redistribution by Forest Heath District Council in February 2018 when Lakenheath’s distribution was reduced by 165 homes resulting in site SA8(b) being removed;

·         The 30% affordable homes to be delivered via the scheme; and

·         Other determined and pending planning applications for Lakenheath and the current status of each.

 

Speakers:    Mr Derek Banks (Lakenheath resident) spoke against the application

                   Mr Ed Clarke (Lakenheath Parish Council’s appointed Noise Acoustician) spoke against the application

 

Councillor Ruth Bowman raised specific questions with regard to the layout of the site and the need to ensure connectivity between this application and the neighbouring Station Road development and primary school.

 

The Principal Planning Officer explained that as the application was in outline the layout provided was purely for illustrative means and had been produced prior to the Station Road hybrid application being submitted, he assured Members that this essential connectivity would be addressed at the reserved matters stage.

 

Councillor Simon Cole proposed that the application be approved as per the Officer recommendation.  This was duly seconded by Councillor David Bowman.

 

Upon putting the motion to the vote and with 9 voting for, 1 against and with 2 abstentions, it was resolved that

 

Decision

 

Outline planning permission be GRANTED subject to:

 

1.   The completion of an Agreement (or equivalent) under S106 of the Town and Country Planning Act 1990 (as amended) to secure:

 

·         Affordable housing (30% provision overall)

·         Education contribution (Primary School – up to £374,840  towards build costs and up to £25,880 towards land costs)

·         Pre-school contribution (up to £73,744 for construction costs and up to £4,965 towards land acquisition costs)

·         Libraries Contribution (up to £17,496)

·         Public Open Space contribution (in accordance with the SPD and, if required, optional commuted sum for future management and maintenance of the space)

·         Strategic Highway Contribution - £25,601.13 (for sustainable links to village amenities – pro rata contribution)

·         SPA Recreational Impact Contribution – to secure public access along the cut off channel (£37,306)

 

2.   And subject to conditions, including:

 

·         Time limit (3 years for commencement)

·         Compliance with the approved plans

·         Materials (to be submitted with the Reserved Matters)

·         Bin and cycle storage strategy (to be submitted for approval with the  ...  view the full minutes text for item 322.

323.

Planning Application F/13/0394/OUT - Land West of Eriswell Road, Lakenheath (Report No: DEV/FH/18/021) pdf icon PDF 818 KB

Report No: DEV/FH/18/021

 

Erection of up to 140 dwellings

Additional documents:

Minutes:

Erection of up to 140 dwellings

 

The Principal Planning Officer explained this application sought outline planning permission with all matters reserved apart from the general location of two new vehicular accesses.

 

Member site visits had been previously undertaken by the Committee.  Lakenheath Parish Council objected to the proposal together with a number of village residents.

 

Officers were recommending that the application be approved, subject to conditions and the completion of a S106 Agreement, as set out in Paragraph 342 of Report No DEV/FH/18/021.

 

As part of his presentation the Officer made reference to:

·         Noise contour mapping – it was highlighted that this application fell within a different contour to the previous three applications;

·         The Site Allocations Local Plan (SALP); following the changes made to housing redistribution by Forest Heath District Council in February 2018 when Lakenheath’s distribution was reduced by 165 homes resulting in site SA8(b) being removed;

·         Flood maps;

·         The 30% affordable homes to be delivered via the scheme; and

·         Other determined and pending planning applications for Lakenheath and the current status of each.

 

Speakers:    Mr Derek Banks (Lakenheath resident) spoke against the application

                   Councillor Hermione Brown (Lakenheath Parish Council) spoke against the application

 

Councillor Brian Harvey raised specific questions with regard to the layout of the site.  The Principal Planning Officer explained that as the application was in outline the layout provided was purely for illustrative means but did demonstrate that the site would not be high density and that the small area affected by flooding was likely to be left as open space.

 

Councillor David Palmer raised concern over the proximity of the site to the jet take-off area on Lakenheath Airbase.  The Officer advised the Committee that the Broom Road application site (which had been dismissed by a Planning Inspector, but not on noise disturbance grounds) was closer to the take-off area and the Inspector had not considered the noise from this proximity to be sufficient to refuse the application alone.

 

Councillor David Bowman proposed that the application be approved as per the Officer recommendation.  This was duly seconded by Councillor Brian Harvey.

 

Upon putting the motion to the vote and with 8 voting for, 1 against and with 3 abstentions, it was resolved that

 

Decision

 

Outline planning permission be GRANTED subject to:

 

1.   The completion of an Agreement (or equivalent) under S106 of the Town and Country Planning Act 1990 (as amended) to secure:

 

    Affordable housing (30% - up to 42 dwellings)

    Education contribution (Primary School – up to £ £655,970 towards build costs and up to £45,290 towards land costs)

    Pre-school contribution (up to £129,052 for construction and up to £6,689 towards land acquisition costs)

    Libraries Contribution (up to £30,240)

    Public Open Space contribution (in accordance with the SPD and, if required, optional commuted sum for future management and maintenance of the space)

      Strategic Highway Contribution - £44,248.87

      (for sustainable links to village amenities – pro rata contribution)

·      SPA/SSSI Recreational Impact Contribution – circa  ...  view the full minutes text for item 323.

 

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