Agenda item

Report No: DEV/WS/19/004

Planning Application - 3no. dwellings and repositioning of parking area

Planning Application - 3no. dwellings and repositioning of parking area

This application was referred to the Development Control Committee following consideration by the Delegation Panel.

Bury St Edmunds Town Council had raised objections to the scheme which was contrary to the Officer recommendation of approval, subject to conditions, as set out in Paragraph 35 of Report No DEV/WS/19/004.

A Member site visit was held prior to the meeting.

As part of her presentation, the Senior Planning Officer advised that comments had been submitted from Councillor Jo Rayner (Ward Member: Abbeygate) who had been unable to attend the meeting. 

The Officer therefore read out the submitted statement to the Committee which outlined objections to the scheme due to the loss of informal parking and the impact on residential amenity.  Councillor Rayner requested that the application be deferred in order to allow time in which for an historic parking agreement (made reference to by neighbouring residents) to be sourced.

Speakers:    Catherine Howes (on behalf of fellow neighbouring residents in Mill Road South) spoke against the application

                   Councillor Kevin Hind (Bury St Edmunds Town Council) spoke against the application

                   Jane Wilkie (agent) spoke in support of the application

In response to questions posed by Members during the debate, the Senior Planning Officer explained that both the Council and Orwell Housing Association (the applicant) had attempted to source a historical formal parking agreement for the site in question mentioned by residents but had been unable to do so.  Furthermore, none of the residents or Bury St Edmunds Town Council had been able to provide any kind of formal documentation in this regard.

The Service Manager (Planning – Development) also clarified that the current informal parking arrangement could in theory be withdrawn by the landowners (Orwell Housing Assoc.) at any time, irrespective of the application before the Committee.  Moreover, the scheme seeking approval would actually enable the parking provision for existing residents to be formalised for the new area proposed.

Councillor John Burns asked if adverse possession rights could apply to the existing parking area.  The Lawyer advising the meeting explained that this would be a separate legal matter that the residents concerned would need to pursue outside of the planning process and it was not a material planning consideration.

Councillor David Roach proposed that the application be deferred in order to allow additional time in which for clarity to be sought with regard to the current parking arrangement used by existing residents.  This was duly seconded by Councillor Andy Drummond.

Upon being put to the vote and with 6 voting for the motion, 7 against and with 3 abstentions the Chair declared the motion lost.

Councillor Ian Houlder then moved that the application be approved, as per the Officer recommendation, and this was duly seconded by Councillor Peter Stevens.

Upon being put to the vote and with 8 voting for the motion, 6 against 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. Prior to commencement of development 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,

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), a 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.

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 13:00 hours on Saturdays and at no time on Sundays, public holidays or bank holidays.
5. The use shall not commence until the area(s) within the site shown on Drawing No. 18 1594 01 Rev A for the purposes of [LOADING, UNLOADING,] manoeuvring and parking of vehicles has been provided and the back garden sheds for the purposes of cycle storage, thereafter those areas shall be retained and used for no other purposes.
6. 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 its approved form.
7. Prior to first 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.
8. The development shall be carried out strictly in accordance with the recommendations and measures included within Tree Survey, Arboricultural Impact Assessment, Preliminary Arboricultural Method Statement & Tree Protection Plan produced by Haydens and dated 17^th September 2018 and referred 6972 Rev A.
9. Before the first dwelling hereby permitted is first occupied, the first floor bathroom windows in the rear elevation shall be fitted with obscure glass to Pilkington glass level 4 privacy or an equivalent standard and shall be retained in such form in perpetuity.
10. The dwelling(s) 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.

(On conclusion of this item the Chairman permitted a short comfort break before reconvening the meeting.)