Agenda item

Report No: DEV/SE/19/015

Planning Application - (i) Ground floor retail unit; (ii) 4 no. flats on first and second floor (following demolition of existing building). As amended by plans and documents received on 14 August 2018 removing garden areas

Planning Application - (i) Ground floor retail unit; (ii) 4 no. flats on first and second floor (following demolition of existing building). As amended by plans and documents received on 14 August 2018 removing garden areas

This application had been referred to the Development Control Committee in January following call-in by Councillor Jo Rayner (Ward Member: Abbeygate). 

The Chairman of the Development Control Committee had also expressed a view that the application should be presented directly to the Development Control Committee rather than the Delegation Panel and this was agreed by the Assistant Director (Planning and Regulatory Services).

A Member site visit was held prior to the January Committee; at which Officers recommended that the application be approved.

At the January meeting Members resolved to defer consideration of the application in order allow additional time in which for the applicant to consider the requests put forward by the neighbouring One Bull Public House, these being:

1. The construction of a permanent structure to form the bin store;
2. The inclusion of a screen to prevent overlooking into the One Bull’s private residence’s garden and access to the proposed flat roof adjacent; and
3. Amendments to the internal layout of Flat 3 including obscured glazed windows closest to the One Bull.

Since the last meeting of the Committee amendments had been made to the scheme to address the requests put forward by the One Bull. 

Consultation on the revised plans had been undertaken which resulted in both the One Bull and Bury St Edmunds Town Council citing no objection.

Accordingly, Officers were continuing to recommend that the (revised) scheme be approved subject to conditions, as set out in Paragraph 14 of Report No DEV/SE/19/015 and subject to an amendment to condition 9 as outlined in the supplementary ‘late papers’ issued in respect of this item.

Speakers:    Julian Thake (Cycle King – applicant) spoke in support of the application

                   Stuart Cudmore (agent) spoke in support of the application

Councillor David Nettleton congratulated the applicant/agent on working with the Planning Authority and making the changes to the scheme as requested by the One Bull. 

He moved that the application be approved, as per the Officer recommendation and inclusive of the amendment to condition 9, and this was duly seconded by Councillor Robert Everitt.

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 approved plans and documents.

3)   No development shall take place within site until the implementation of a programme of archaeological work has been secured, in accordance with a Written Scheme of Investigation which has been submitted to and approved in writing by the Local Planning Authority.

The scheme of investigation shall include an assessment of significance and research questions; and:

a. The programme and methodology of site investigation and     recording.

b. The programme for post investigation assessment.

c. Provision to be made for analysis of the site investigation and recording.

d. Provision to be made for publication and dissemination of the analysis and records of the site investigation.

e. Provision to be made for archive deposition of the analysis and records of the site investigation.

f. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.

g. The site investigation shall be completed prior to development, or in such other phased arrangement, as agreed and approved in writing by the Local Planning Authority.

4)   No building shall be occupied until the site investigation and post investigation assessment has been completed, submitted to and approved in writing by the Local Planning Authority, in accordance with the programme set out in the Written Scheme of Investigation approved under Condition 3 and the provision made for analysis, publication and dissemination of results and archive deposition.

5)   Details of the foundations, to include a detailed design and method statement, shall be submitted to and approved in writing by the Local Planning Authority, such details to show the preservation of surviving archaeological remains which are to remain in situ. The foundations shall be constructed in accordance with the details as may be approved by the Local Planning Authority.

6)   Piling or any other foundation designs and investigation boreholes using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

7)   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 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.

8)   The site demolition, preparation and construction works shall only be carried out between the hours of 08:00 to18:00 Mondays to Fridays and between the hours of 08:00 to 13:30 Saturdays and at no time on Sundays, Public or Bank Holidays without the prior written consent of the Local Planning Authority.

9)   No occupation of any of the residential units hereby permitted shall take place until the bin storage are shown on drawing numbers F982/15 Revision G, F982017 Revision F and F982/20 Revision A has been provided in accordance with the approved details. The bin storage area as installed shall thereafter be retained and used for no other purpose.

10)  The windows serving the bedrooms of the flats hereby permitted shall be fixed shut with acoustic vents provided in accordance with details that shall first have been submitted to and approved in writing by the Local Planning Authority. Any such windows as may be installed shall thereafter be retained as so installed.

11)  No work of construction above slab level shall commence until samples of the external materials and surface finishes have been submitted to and approved in writing by the Local Planning Authority.  The development shall thereafter be carried out in accordance with the approved details.

12)  The external brickwork shall be laid in Flemish Bond.

13)  No works involving the installation of the front entrance door to the flats shall take place until an elevation 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 new external door and surrounds to be used (including details of panels and glazing where relevant) have been submitted to and approved in writing by the Local Planning Authority. 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.

14)  The flats shall not be occupied until the cycle storage shown on drawing nos.   F982/10 and F/982/14F has been provided.  The cycle storage shall be retained thereafter as approved.

15)  The dwellings hereby approved shall not 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 and evidence of compliance has been obtained.

16)   The ground floor bin storage area for the retail unit shown on drawing F982/14 Revision F shall be provided prior to the first retail use of        the ground floor, and thereafter retained.

17)                There shall be no occupation of any of the flats hereby permitted unless and until the glazed screen shown on drawings F982 15G, F982 17F and F982 20A has been provided in accordance with the details shown on these drawings, with a finished height at least one metre taller than the parapet wall between the application site and the One Bull Public House. Thereafter, the screen shall be retained as so installed.