Agenda item

Report No: DEV/SE/19/012

Planning Application - Planning Application - 37 no. dwellings and associated works including parking, vehicular accesses and landscaping

Planning Application - Planning Application - 37 no. dwellings and associated works including parking, vehicular accesses and landscaping

This application had been referred to the Development Control Committee because the applicant Barley Homes (Group) Ltd was owned by St Edmundsbury Borough Council and Forest Heath District Council.

A Member site visit was held prior to the meeting.  Officers were recommending that the application be approved subject to the completion of a Section 106 Agreement and conditions, as set out in Paragraph 75 of Report No DEV/SE/19/012, subject to some minor amendments to certain conditions following discussion with the applicant.

Attention was drawn to the supplementary ‘late papers’ which had been issued following the despatch of the agenda.  The Committee was informed that since the production of the late papers Suffolk County Council had advised that there was a predicted surplus of pre-school places in the site’s catchment, therefore, they would no longer be requesting the S106 contribution towards this element.

Speakers:    Councillor John Burns (Ward Member: Haverhill East) spoke on the application

                   Nicole Perryman (agent) spoke in support of the application

During the debate a number of Members of the Committee made reference to the housing mix proposed, which had similarly been commented on by Haverhill Town Council in their representation. 

In response the Senior Planning Officer advised that the proposed mix had been agreed by the Council’s Strategic Housing Team who make their judgement based on evidence of housing need in the area.

Comments were also made on the adoption of the road layout and the Case Officer confirmed that discussions were still ongoing with the Highways Authority.

Councillor Peter Stevens raised questions with regard to the colour palate for the scheme which the Service Manager (Planning – Development) responded to.

Councillor John Burns proposed that the application be approved, as per the Officer recommendation (inclusive of the minor amendments to conditions and removal of the S106 pre-school contribution) and this was duly seconded by Councillor David Roach.

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.       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 following approved plans and documents:

3.       The development hereby permitted shall be constructed entirely of the materials detailed within the application hereby approved.

4.       No individual dwelling hereby approved shall be occupied until the optional requirement for water consumption (110 litres use per person per day) in Part G of the Building Regulations has been complied with for that dwelling.

5.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 as amended (or any Order revoking and re-enacting that Order) the garage shall be used solely for the garaging of private motor vehicles and for ancillary domestic storage incidental to the occupation and enjoyment of the associated dwelling and shall be used for no other purpose. 

6.       Before for first occupation of the dwellings hereby approved; the areas marked and indicated as amenity open space on the approved site layout plan shall have been provided. All associated landscaping works within the amenity open space as detailed in the approved landscaping scheme for the site shall have been completed. Thereafter the amenity open space shall be retained and used for no other purpose.

7.       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.

8.       Prior to commencement of development  a scheme for the protection during construction of the trees on the site, in accordance with BS 5837:2012 - Trees in relation to construction - Recommendations, shall be submitted to and approved in writing by the Local Planning Authority.  The scheme shall show the extent of root protection areas and details of ground protection measures and fencing to be erected around the trees, including the type and position of these.  The protective measures contained with the scheme shall be implemented prior to commencement of any development, site works or clearance in accordance with the approved details, and shall be maintained and retained until the development is completed.  Within the root protection areas the existing ground level shall be neither raised nor lowered and no materials, temporary buildings, plant, machinery or surplus soil shall be placed or stored thereon.  If any trenches for services are required within the fenced areas they shall be excavated and backfilled by hand and any tree roots encountered with a diameter of 25mm or more shall be left unsevered.

9.       Prior to their occupation, all dwellings with off street parking shall be provided with an operational electric vehicle charge point at reasonably and practicably accessible locations, with an electric supply to the charge point capable of providing a 7kW charge.

10.     1. No development approved by this planning permission shall commence until the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority:

i) A site investigation scheme (based on the approved Preliminary Risk Assessment (PRA) within the approved Desk Study), to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

ii) The results of a site investigation based on i) and a detailed risk assessment, including a revised Conceptual Site Model (CSM).

iii) Based on the risk assessment in ii), an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. The strategy shall include a plan providing details of how the remediation works shall be judged to be complete and arrangements for contingency actions. The plan shall also detail a long term monitoring and maintenance plan as necessary.

2. No occupation of any part of the permitted development shall take place until a verification report demonstrating completion of works set out in the remediation strategy in

iii) is submitted and approved, in writing, by the Local Planning Authority. The long term monitoring and maintenance plan in iii) shall be updated and be implemented as approved.

3. 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.

11.     Before the first occupation of any of the dwellings hereby approved details of the biodiversity enhancement measures shall be submitted to and approved in writing by the Local Planning Authority.  Any such details as may be submitted shall  include in full the mitigation measures as laid out in the Geosphere Environmental Ltd ecological report as received 12th November 2018. Any such measures as may be agreed shall be installed and thereafter retained as so installed. There shall be no residential occupation unless and until the biodiversity enhancement measures as agreed in writing have been implemented.

12.     Prior to commencement of development, including any works of demolition, a Construction Method Statement shall be submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

i)       The parking of vehicles of site operatives and visitors

ii)       Loading and unloading of plant and materials 

iii)      Site set-up including arrangements for the storage of plant and materials used in constructing the development and the provision of temporary offices, plant and machinery

iv)      The erection and maintenance of security hoarding including external safety and information signage, interpretation boards, decorative displays and facilities for public viewing, where appropriate 

v)      Wheel washing facilities 

vi)      Measures to control the emission of dust and dirt during construction 

vii)     A scheme for recycling/disposing of waste resulting from demolition and construction works

viii)    Hours of construction operations including times for deliveries and the removal of excavated materials and waste

ix)      Noise method statements and noise levels for each construction activity including piling and excavation operations

x)      Access and protection measures around the construction site for pedestrians, cyclists and other road users including arrangements for diversions during the construction period and for the provision of associated directional signage relating thereto.

13.     The site preparation and construction works, including road works, shall be carried out between the hours of:

08:00 to 18:00 Mondays to Fridays. 08:00 - 13.30 Saturdays. No times during Sundays or Bank Holidays without the prior written consent of the Local Planning Authority. No generators are to be used in external areas on the site outside the hours of: 08:00 to 18:00 Mondays to Fridays, 08:00 - 13.30 Saturdays. No times during Sundays or Bank Holidays The Local Planning Authority shall be provided with three days notice prior to any extended concrete pour taking place outside the agreed hours of construction for agreement that the works can proceed.

15.     A. With the exception of site investigations and site clearance no development shall commence until a detailed surface water drainage scheme for the site, based on the agreed Flood Risk Assessment [Ref:- 48753 by Richard Jackson Consultants and dated October 2018] and Drainage Strategy [Richard Jacksons, drawing ref. 48753-PP-003 Rev B and dated 6th Dec 2018] has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall include a restriction in run-off to Brownfield runoff rates and surface water storage on site, as outlined in the FRA. Infiltration systems shall only be used where it can be demonstrated that they will not pose a risk to groundwater quality. Details to be submitted include:-

16.     Details of further infiltration testing on site in accordance with BRE 365 to verify the permeability of the site (trial pits to be located where soakaways are proposed and repeated runs for each trial hole). Borehole records should also be submitted in support of soakage testing.

The dwellings  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.

17.     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:

a. 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

18.     Before first occupation of the dwellings hereby approved details of the treatment of the boundaries of the site and of the dwellings within the site, including all knee rail fencing shown adjacent to car parking spaces, shall have been submitted to and approved in writing by the Local Planning Authority along with a timescale for implementation. The details shall specify the siting, design, height and materials of the screen walls/retaining walls/fences/knee rails to be constructed or erected and/or the species, spacing and height of hedging to be retained and / or planted together with a programme of implementation. Any planting removed, dying, being severely damaged or becoming seriously diseased within five years of planting shall be replaced by soft landscaping of similar size and species to those originally required to be planted.  The works shall be completed prior to first occupation in accordance with the approved details and thereafter retained as so installed.

19.     The main vehicular access off Manor Road access shall be completed    in all respects in accordance with Drawing No. Thereafter it shall be retained in its approved form. At this time all other means of access within the frontage of the application site shall be permanently and effectively "stopped up" in a manner which previously shall have been approved in writing by the Local Planning Authority.

20.     The access to plots 34 - 37 shall be completed in all respects in accordance with Drawing No. 500362-IWD-XX-XX-DR-A-2100 Rev P9; with an entrance width of 4.5m and be available for use before first occupation of plots 34 - 37. Thereafter it shall be retained in its approved form. At this time all other means of access within the frontage of the application site shall be permanently and effectively "stopped up" in a manner which previously shall have been approved in writing by the Local Planning Authority.

21.     Before the first occupation of any dwelling 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 implemented relative to each dwelling prior to occupation of that dwelling and shall be retained thereafter for no other purpose.

22.     Before the development is commenced, details of the estate roads and footpaths, (including layout, levels, gradients, street lighting, surfacing and means of surface water drainage), shall be submitted to and approved in writing by the Local Planning Authority.

23.     The dwellings hereby approved shall not be occupied until the area(s) within the site shown on 500362-IWD-XX-XX-DR-A-2100 Rev P9 for the purposes of [LOADING, UNLOADING,] manoeuvring and parking of vehicles has been provided and thereafter that area(s) shall be retained and used for no other purposes.

24.     Before the vehicular accesses from Manor Road are first used visibility splays shall be provided as shown on Drawing No. 500362-IWD-XX-XX-DR-A-2100 Rev P9 with an X dimension of 2.4m and a Y dimension of 43m and thereafter retained in the specified form. Notwithstanding the provisions of 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.

25.     Details of the ‘step connection to public footpath’, as shown on drawing 500362-IWD-XX-XX-DR-A-2100 Rev P9 shall be submitted to and approved in writing prior to the first occupation of any dwelling hereby approved. Any such details as may be approved shall be implemented prior to the first occupation of any dwellings within the site. There shall be no occupation unless and until this step connection to the public footpath has been provided.    

And completion of a S106 Agreement to secure:

·         Primary School contribution: £97,448

·         Secondary School contribution: £111,682

·         Library Contribution: £592