Agenda item

Report No: DEV/WS/19/011

Planning Application - 1no. dwelling

Planning Application - 1no. dwelling

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

Newmarket Town Council objected to the scheme which was in conflict with the Officer’s recommendation of approval, subject to conditions, as set out in Paragraph 47 of Report No DEV/WS/19/011.

A Member site visit was held prior to the meeting. 

As part of his presentation the Senior Planning Officer drew attention to the following:

·         The ‘late papers’ that had been issued following publication of the agenda and which set out comments from the Council’s Tree Officer and one further associated condition;

·         The planning application previously submitted for the site which was considered by Forest Heath District Council’s Development Control Committee in February 2019 and refused.  The amendments which had been made to this scheme were highlighted to the Committee; and

·         The agent for the application had revisited the site in recent days and surveyed the two trees that were to be removed to accommodate the proposed property’s driveway, namely T004 Yew tree and T005 Oak tree.  It had transpired that the trees were 2.5m nearer to the Fordham Road boundary than previously understood, hence, these trees could now be retained and the only tree loss would be a small group of young Yew trees.

Speakers:    Andrew Fleet (on behalf of neighbour objector Edd Dunlop Racing) spoke against the application

                   Keith Warth (KWA Architects, agent) spoke in support of the application

Councillor Andy Drummond spoke on the application and clarified that whilst he was a member of Newmarket Town Council’s Development and Planning Committee he had abstained from voting on the item when considered by the Town Council in order to allow him to take part in the District Council’s Committee.

Councillor Drummond objected to the application due to the location of the proposed property, close to a stable block, and the impact it could have on the amenity of the future residents.  He therefore proposed, contrary to the Officer recommendation, that the application be refused.  This was duly seconded by Councillor David Gathercole.

The Service Manager (Planning – Development) advised that if Members were minded to refuse the application then the Decision Making Protocol would be invoked and Officers would undertake a Risk Assessment prior to a final decision being made on the application by the Committee.

Upon being put to the vote and with 2 voting for the motion and 14 against the Chair declared the motion lost. 

Councillor John Burns raised a question in respect of Condition No 12 and the Construction Method Statement.  In response, the Service Manager (Planning – Development) clarified that in applications where the Jockey Club Estates were consulted this bespoke condition was included to enable parties to liaise and come to a mutually appropriate arrangement.

Councillor Burns then proposed that the application be approved, as per the Officer recommendation and inclusive of the additional condition within the late papers, this was duly seconded by Councillor Andy Neal.

Upon being put to the vote and with 14 voting for the motion and with 2 against, 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.       The development hereby permitted shall be constructed entirely of the materials detailed within the application hereby approved.

4.       Prior to occupation of the development hereby approved, a plan indicating the positions, design, materials and type of boundary treatment to be erected or retained shall be submitted to and approved in writing by the Local Planning Authority. The boundary treatment shall be completed before occupation of the buildings, or commencement of the use, or in accordance with a programme agreed in writing with the Local Planning Authority. Any existing boundary treatment shall not be uprooted or removed except where in accordance with the approved plan and shall be protected from building operations during the course of development.

5.       Prior to the commencement of any development above ground level, details of the sustainable roof system to be installed to the dwelling hereby approved shall be submitted and approved in writing with the Local Planning Authority.

6.       Prior to any development, site works or clearance, all the existing trees to be retained (as indicated by the approved plans) shall be protected by fences, of a type and position including details of the ‘no dig construction area for the driveway to be approved by the Local Planning Authority, erected around each tree or group of trees. Within the areas so fenced, 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 50mm or more shall be left unsevered. (See British Standard BS 5837:1991 entitled "Trees in relation to construction").

7.       Prior to the commencement of development, details of a temporary protective roadway to be installed during the construction of the dwelling hereby approved shall be submitted and approved in writing with the Local Planning Authority. The roadway as so approved shall be constructed prior to the first delivery of materials and / or plant and equipment to the site and shall be retained for the duration of the construction period.

8.       The dwelling hereby approved shall not be occupied until the area(s) within the site shown on drawing no. 1179-PO3 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.

9.       The windows installed in the rear elevation shall be triple glazed and thereafter retained as shown on drawing no. 1179-PO6.

10.     Prior to occupation of the new dwelling the 2000mm high Jackoustic Environmental Noise Barrier Fencing shall be constructed as detailed on drawing no. 1179-PO3 and retained thereafter.

11.     Prior to the commencement of any development above ground level, details of the mechanical ventilation system to be installed to the dwelling hereby approved shall be submitted and approved in writing with the Local Planning Authority. The ventilation system as so approved shall be installed prior to the first occupation of the dwelling and thereafter retained.

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.     No 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.

14.    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.

15.     Prior to commencement of development a Horse Racing Working Method Statement shall be submitted to and approved in writing by the Local Planning Authority. This Method Statement shall specify how the construction process will minimise the effect of delivery and construction activities upon the Fordham Road horsewalk and also how noisy development in close proximity to La Grange Stables will be controlled. Any such Method Statement as may be agreed shall be implemented during the construction process. There shall be no development on site unless and until a Method Statement has been submitted to and approved in writing by the Local Planning Authority.

16.     Prior to the first occupation of the dwelling hereby permitted the amenity space within the red line on drawing No. 1179-P03  shall be provided for use in conjunction with this property. The amenity space as so provided shall thereafter be retained for use in conjunction with this property.

17.     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(England) Order 2015  (or any order amending, revoking or re-enacting that Order), no fences, gates or walls shall be erected within the site other than those agreed pursuant to condition 4 above.

18.     Prior to commencement of development a detailed Tree Protection Plan and Arboricultural Method Statement (including any demolition, groundworks and site clearance) shall be submitted to and approved in writing by the Local Planning Authority. The plans should include details of the following:

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

2.       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,

3.       Detailed schedule of arboricultural supervision,

4.       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 agreed in writing by the Local Planning Authority.

(On conclusion of this item the Chair permitted a short comfort break.)