Agenda item

Report No: DEV/SE/17/027

Planning Application - (i) 80 no. bedroomed hotel (demolition of existing building) (ii) drive-through coffee outlet (mixed A3 and A5 use) (iii) associated refuse storage, parking and landscaping (iv) new pedestrian bridge access across River Lark (v) improvements and upgrading of proposed vehicular access from Compiegne Way, North of River Lark (vi) improvements and upgrading of proposed vehicular access from Etna Way/Enterprise Park (vii) in channel engineering works to River Lark

Planning Application - (i) 80 no. bedroomed hotel (demolition of existing building) (ii) drive-through coffee outlet (mixed A3 and A5 use) (iii) associated refuse storage, parking and landscaping (iv) new pedestrian bridge access across River Lark (v) improvements and upgrading of proposed vehicular access from Compiegne Way, North of River Lark (vi) improvements and upgrading of proposed vehicular access from Etna Way/Enterprise Park (vii) in channel engineering works to River Lark

This application was referred to the Development Control Committee as the development was considered to be of considerable local interest on a prominent site within Bury St Edmunds.

A Member site visit was held prior to the meeting.  Officers were recommending that the application be approved, subject to conditions, as set out in the supplementary papers circulated after publication of the agenda.

Attention was drawn to the supplementary papers which had been circulated in respect of this item which set out a revised list of conditions.  Further to these the Senior Planning Officer advised that an additional condition was to be added to secure details of kerb and barrier treatment of the river channel.

The Committee was also advised that since publication of the supplementary papers an additional representation had been received, citing a number of objections already raised by other nearby residents to the scheme.

Councillor Julia Wakelam sought advice as to whether she had any perceived form of interest in light of both herself and the applicant being on the Board of the Bury St Edmunds Literature Festival.

The Lawyer (Planning) advised that he did not consider Councillor Wakelam’s connection to the applicant to constitute as any form of interest that required declaration.

Speakers:    Mrs Sarah Kewell (resident) spoke against the application

                   Councillor David Nettleton (Ward Member: Risbygate) spoke              in support of the application

Councillor Wakelam then spoke as the other Ward Member for Risbygate and echoed the comments by Councillor Nettleton in that; she welcomed the application which would dramatically improve a derelict site, but made reference to the existing highways issues suffered by the nearby residents to the site.

A considerable number of other Members of the Committee spoke on the highways/access issues within the area when traversing Compiegne Way.

In response, the Suffolk County Council Highways Officer who was present confirmed that the Highways Authority was aware of the issues in question and that a scheme to address this junction, as part of a much wider strategic plan for this A14/Bury St Edmunds ‘corridor’, was in place with initial plans in the process of being drawn up.

The Committee were advised that Officers did not consider that the application would have a severe impact on the highway network and it was therefore unreasonable to request the applicant to address an already existing issue.

Councillor Nettleton again addressed the meeting and spoke in support of the plans that were being progressed by the County Council.  He reiterated the Highways Officer’s comments that this was the appropriate way to address the traffic issues at the junction and not via the application before Members.

Councillors Carol Bull and John Burns each raised a question in respect of Condition Nos 3 and 4 which set out times for the coffee outlet opening hours and deliveries, but did not specify the days of the week on which they applied.  The Case Officer explained that she would need to seek clarity on this from the Council’s Public Health and Housing Officer and would respond to all Members of the Committee directly with the answer.

Councillor Wakelam moved that the application be approved, as per the Officer recommendation, and this was duly seconded by Councillor David Nettleton.

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

Decision

Planning permission be GRANTED subject to the following conditions:

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

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

3.   Coffee Outlet Opening Hours: the drive though coffee outlet shall be open only between the hours of 07:00- 21:00 [days TBC]

4.   Times for Deliveries: Deliveries to and collections from the site shall take place only between the hours of 07:00-18:00 [days TBC]

5.   Unexpected Contamination: 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.

6.   Demolition and Construction Times: demolition and construction works shall take place only between the hours of 07:30-19:00 Mondays to Fridays and 07:30-13:00 on Saturdays. No work shall take place on Sundays or Bank Holidays.

7.   Construction Method Statement: prior to works commencing a construction method statement be produced to and be agreed by the local planning authority. The method statement is to include the measures to control dust emissions, noise & vibration and methodology for waste recycling on site and waste disposal. The agreed method statement to be adhered to throughout the demolition and construction works.

8.   Deliveries Management Plan: all HGV traffic movements to and from the site over the duration of the construction period shall be subject to a Deliveries Management Plan which shall be submitted to the planning authority for approval a minimum of 28 days before any deliveries of materials commence. No HGV movements shall be permitted to and from the site other than in accordance with the routes defined in the Plan. The site operator shall maintain a register of complaints and record of actions taken to deal with such complaints at the site office as specified in the Plan throughout the period of occupation of the site.

9.   Arboricultural Method Statement: no development shall commence until an Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. The Statement should include details of the following:

i). Measures for the protection of those trees and hedges on the application site that   are to be retained,

ii) Details of all construction measures within the 'Root Protection Area' (defined by a radius of dbh x 12 where dbh is the diameter of the trunk measured at a height of 1.5m above ground level) of those trees on the application site which are to be retained specifying the position, depth, and method of construction/installation/excavation of service trenches, building foundations, hardstandings, roads and footpaths.

iii) A schedule of proposed surgery works to be undertaken to those trees and hedges on the application site which are to be retained.

The development shall be carried out in accordance with the approved Method Statement unless the prior written consent of the Local Planning Authority is obtained for any variation.

10.                Surface Water Management Plan: no development shall commence until details of a construction surface water management plan detailing how surface water and storm water will be managed on the site during construction is submitted to and agreed in writing by the local planning authority. The construction surface water management plan shall be implemented and thereafter managed and maintained in accordance with the approved plan throughout the entire construction period.

11.                External Materials: no above ground construction shall take place until full details of the external materials to be used in the development have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

12.                Off Site Stock Proof Fencing: prior to the first use of the development hereby approved, stock proof fencing and gates on Ram Meadow shall be fully installed in accordance with details submitted to and agreed in writing by the local planning authority. The details shall include the precise location, design and method of installation. The location of the fencing shall be in general conformity with the details shown on the ‘Indicative Fencing Location - Ram Meadow, BSE’, which attaches to this consent.

13.                Landscape Management Plan: prior to the first use of the development hereby approved a landscape management plan, including long-term design objectives, management responsibilities and maintenance schedules for all landscaped areas, shall be submitted to and approved in writing by the local planning authority. The landscape management plan shall be carried out as approved prior to the first use of the development and managed for the lifetime of the development and any subsequent variations shall be agreed in writing by the local planning authority. The scheme shall include the following elements:

     •        enhancement of the river channel

     •        detail extent and type of new planting (NB planting to be of               native species)

•        details of maintenance regimes

•        details of any new habitat created on site

•        details of treatment of site boundaries and/or buffers around   water bodies

     •        details of management responsibilities

·              details of kerb and barrier treatment of the river channel

14.                River Channel Enhancements: the enhancements within the River Chanel detailed in condition 13 above shall develop the proposals set out in Appendix F of the submitted Design and Access Statement that accompanies the application. The enhancements shall be fully implemented prior to the first use of the development hereby approved or in accordance with a timetable agreed in writing with the local planning authority.

15.                Soft Landscaping: Notwithstanding the submitted landscaping plan, full details of the soft landscaping, taking account of any need to retain planting within the highway verge, shall be submitted to the local planning authority and agreed in writing. All planting comprised in the approved details of landscaping shall be carried out in the first planting season following the commencement of the development (or within such extended period as may first be agreed in writing with the Local Planning Authority). Any planting removed, dying or becoming seriously damaged or diseased within five years of planting shall be replaced within the first available planting season thereafter with planting of similar size and species unless the Local Planning Authority gives written consent for any variation.

16.                Footway: no above ground construction shall take place until details of a proposed footway from Etna Road to the northern car park and from the northern car park onto the Tesco car park taking into consideration existing road signs, surface materials and appropriate guard railing and or fencing have been submitted to and approved in writing by the Local Planning Authority. The approved footway shall be laid out and constructed in its entirety and available for use prior to the first use of the hotel hereby approved. Thereafter the footway shall be retained in its approved form.

17.                Footway: no above ground construction shall take place until details of a proposed footway and details of its connection to the existing footway network from Etna Road to the Main site entrance 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 footpath shall be retained in its approved form.

18.                Headlight Screening: no above ground construction shall take place until details of proposed vehicle headlight screening have been submitted to and approved in writing by the Local Planning Authority. The approved screening shall be laid out and constructed in its entirety prior to First use of the property and thereafter retained in its approved form.

19.                 Parking Provision: the use hereby approved shall not commence until the area(s) within the site shown on drawing number 4761/3-02 Rev B for the purposes of manoeuvring and parking of vehicles has been provided and thereafter that area(s) shall be retained and used for no other purposes.

20.                Visibility Splays From access onto Etna Road: before the first use of the access onto Etna Road from site, visibility splays which shall be set back 2.4m and then 43m in the direction of Compiegne Way and to the nearside of the kerb, shall be provided in accordance with details previously approved in writing by the Local Planning Authority and thereafter shall be retained in the approved form and kept clear from obstruction.

21.                Visibility Splays from access onto Compiegne Way from Etna Road: before the access is first used onto Compiegne Way from Etna Road, visibility splays, which shall be 43m set back 2.4m in both directions, shall be provided in accordance with details previously approved in writing by the Local Planning Authority and thereafter shall be retained in the approved form and kept clear from obstruction.

22.                Visibility Splays onto Compiegne Way from the car park: before the access is first used onto Compiegne Way from the application site car park visibility splays shall be provided, which shall be set back 2.4m for a distance of 70m in both directions, in accordance with details previously approved in writing by the Local Planning Authority and thereafter shall be retained in the approved form and kept clear from obstruction.

23.                Access Details: 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.

24.                Bicycle Storage: the use shall not commence until the area(s) within the site for the storing of bicycles has been submitted to and approved in writing by the Local Planning Authority for the purposes parking and storing of bicycles to meet SCC parking standards, plus one space per hotel staff has been provided and thereafter that area(s) shall be retained and used for no other purposes, these spaces are required to be secure and covered.

25.                Surface Water Drainage and FRA Implementation: the strategy for the disposal of surface water (dated Feb 2017, ref: 130/2016/03) and the submitted Flood Risk Assessment (FRA) shall be fully implemented in accordance with these details prior to the first use of the development hereby permitted. The strategy shall thereafter be managed and maintained in accordance with the approved strategy.

26.                SUDS Components: prior to the first use of the development hereby permitted, full details of all Sustainable Urban Drainage System components and piped networks shall be 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.

27.                Noise Barrier: prior to the first use of the development hereby approved, an imperforate noise barrier shall be erected along the south east site boundary of the site between the drive through café and Etna Road. The barrier shall be installed in accordance with details submitted to and approved by the local planning authority. The approved barrier shall be maintained in perpetuity.

28.                Kitchen Ventilation Systems: prior to the first use of the development hereby approved, details of any kitchen ventilation systems, to include noise attenuation and odour control systems and details of any external plant, shall be submitted to and approved by the local planning authority. The approved systems and plant, shall be installed in full accordance with the agreed details and in respect of kitchen ventilation systems,  before the commercial kitchen is brought into use.

29.                Electric Vehicle Charging: prior to first use of the hotel as approved under this planning permission, at least 8 electric vehicle charge points shall be provided for customer use at reasonably and practicably accessible locations within the car park. The Electric Vehicle Charge Points shall be retained thereafter.

30.                Rapid Vehicle Charge Point: prior to first operational use of the Coffee Outlet as approved under this planning permission, at least 1 publically available 'rapid' electric vehicle charge point shall be provided in a location within the car park to be agreed in writing with the local planning authority. The Electric Vehicle Charge Point shall be retained thereafter.

On conclusion of this item the Chairman permitted a short comfort break before continuing with the business on the agenda.