Agenda item - Planning Application DC/18/2477/FUL - Land at Brickfield Stud, Exning Road, Newmarket (Report No: DEV/WS/19/026)

Agenda item

Planning Application DC/18/2477/FUL - Land at Brickfield Stud, Exning Road, Newmarket (Report No: DEV/WS/19/026)

Report No: DEV/WS/19/026

 

Planning Application - 79 no. dwellings, a new vehicle access from Exning Road and public open space, together with associated external works including parking and landscaping

Minutes:

Planning Application - 79 no. dwellings, a new vehicle access from Exning Road and public open space, together with associated external works including parking and landscaping

 

This application was originally referred to the Development Control Committee on 4 September 2019 because the recommendation was, at that time, contrary the Development Plan and the views of Newmarket Town Council.

 

At their September meeting the Committee resolved to defer consideration of the application until such time as the Site Allocations Local Plan (SALP) was formally adopted by the Authority and in order to allow additional time for Officers to seek a response from Suffolk County Council Highways Authority in respect of the garage sizes proposed within the scheme.

 

On 19 September 2019 West Suffolk Council adopted the Forest Heath District Council Core Strategy Single Issue Review of Policy CS7 and Site Allocations Local Plan.

 

Accordingly, the report before Members took this into account in light of the site now having been formally allocated for residential development and full weight was given to this.

 

Members were also advised that the garages proposed measured 3m x 6m which was adequate for a medium sized car to park.  An additional plan setting out supplementary storage areas (sheds) for dwellings with garages was requested and this was displayed to the Committee as part of the Principal Planning Officer’s presentation. 

 

Suffolk County Council Highways Authority had confirmed, since the last meeting, that their previous comments and conditions still stood in respect of the application.

 

A second Member site visit was held prior to the meeting.  Officers were continuing to recommend that the application be approved, subject to the completion of a S106 Agreement and conditions as set out in Paragraph 38 of Report No DEV/WS/19/026 and one further additional condition in respect of fire hydrant details.

 

Speakers:    Councillor Simon Cole (neighbouring Ward Member, Exning) spoke against the application

                   Neil Farnsworth (applicant) spoke in support of the application

 

Councillor Andy Drummond again advised the meeting, as he had in September, that he had taken part in Newmarket Town Council’s consideration of the application in February 2019 when they resolved to oppose the scheme.  Furthermore, he had been quoted in the local press following the Town Council’s meeting.  However, Councillor Drummond stressed that he would keep an open mind and listen to the debate prior to voting on the item.

 

During the debate questions were posted in relation to the access and the distribution of the affordable housing.

 

In response to which, the Principal Planning Officer explained that:

·         Levels drawings had been submitted and Suffolk County Council Highways had confirmed that the access met adoptable standards; and

·         The distribution of the affordable housing proposed for the scheme was considered appropriate and met the preference of registered social landlords.

 

Councillor John Burns drew attention to conditions Nos 11 and 20.  He asked if condition 11 (in respect of electric vehicle charging points) could be amended to read “...the charge point capable of providing a minimum 7kW charge.”  And he also asked if the signing strategy (condition 20) could be implemented much earlier than occupation of the 36th dwelling, as was proposed.

 

The Principal Planning Officer confirmed that both of the amendments requested by Councillor Burns could be included and Officers would work with the applicant to establish an appropriate earlier time in respect of the signing strategy.

 

Councillor Roger Dicker spoke in support of the application and proposed that it be approved, as per the Officer recommendation and inclusive of the amendments to condition Nos 11 and 20, together with the additional condition in respect of fire hydrants.  This was duly seconded by Councillor Ian Houlder.

 

Upon being put to the vote and with 12 voting for the motion and with 4 against, it was resolved that

 

Decision

 

Planning permission be GRANTED subject to:

 

The completion of a S106 Agreement to provide for the following planning obligations:

-  Primary Education (requested and confirmed as necessary by SCC) - £351,648 (subject to confirmation from SCC as this as a June 2019 revised figure)

-  Secondary Education (requested and confirmed as necessary by SCC) - £289,978

-  Pre-school Education (requested and confirmed as necessary by SCC) - £154,576

-  Affordable Housing in perpetuity - 30% (in accordance with Forest Heath Core Strategy Policy CS9)

-  Library Provision (requested and confirmed as necessary by SCC) – £17,064

-  Healthcare Provision (requested and confirmed as necessary by SCC) - £45,900

 

And, the following conditions:

 

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

  1. 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 until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved ¡n writing by the local planning authority. The applicant shall submit a detailed design based on the FRA by Amazi Ltd (ref:- AMA713 Rev B and 25 June 2019) and Drainage Strategy by Infrastructure Design Ltd (Drawing ref 00145-371-C-SW Rev T4 and dated 22.07.19) and will demonstrate that surface water run-off generated up to and including the critical 100 year +CC storm will not exceed the run-off from the existing site following the corresponding rainfall event.

  1. No development shall commence until details of the implementation, maintenance and management of the strategy for the disposal of surface water on the site have been submitted to and approved in writing by the local planning authority. The strategy shall be implemented and thereafter managed and maintained in accordance with the approved details.
  2. 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.

  1. No construction of any dwelling shall commence until details in respect of each of the following has been submitted to and approved in writing by the Local Planning Authority:

i) Details of the development that demonstrate that for each unoccupied dwelling and its associated sound insulation that noise levels with windows closed shall not exceed a daytime level of 35 dB (16hrs) within living rooms between 07.00 and 23.00 hours, and a night-time level of 30 dB LAeq (8hrs) within bedrooms between 23.00 and 07.00 hours, using the methodology advocated within BS 8233:2014 'Guidance on sound insulation and noise reduction for buildings' (2014)., and;

 

ii) Details of the development that demonstrate that noise levels within the private amenity space for each unoccupied dwelling, do not exceed 55 dB LAeq,T.

The development shall adopt the proposed sound insulation measures as stated prior to occupation of each dwelling.

  1. The hours of site clearance, preparation and construction activities, including deliveries to the site and the removal of excavated materials and waste from the site, shall be limited to 08:00 to 18:00 hours on Mondays to Fridays and 08:00 to 13:00 hours on Saturdays. No site clearance, preparation or construction activities shall take place at the application site on Sundays, Bank or Public Holidays.
  2. Prior to the development commencing a comprehensive Construction and Site Management Programme shall be submitted to the Local Planning Authority for approval. The approved programme shall be implemented throughout the development phase, unless the Local Planning Authority gives written consent to any variation. The programme shall include:-

a. site set-up and general arrangements for storing plant, including

cranes, materials, machinery and equipment, offices and other facilities and contractors vehicle parking, loading, unloading and vehicle turning areas;

b. noise method statements and noise levels for each construction activity including any piling and excavation operations;

c. dust, dirt and vibration method statements and arrangements;

d. site lighting.

  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 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.

  1. 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 is submitted and approved, in writing, by the Local Planning Authority. 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.
  2. 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 minimum 7kW charge.

 

  1. Prior to the connection of any dwelling to the existing foul sewerage network, and on-site foul water drainage strategy shall be submitted to and approved in writing by the Local Planning Authority. The drainage shall be completed in accordance with the approved strategy prior to the occupation of any dwelling.
  2. No part of the development shall be commenced until details of the proposed access on Exning Road (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 any other part of the development taking place. Thereafter the access shall be retained in its approved form.
  3. Before the development is commenced above ground level, details of the estate roads, footpaths, and off-site footpath link to Brickfields Avenue (including layout, levels, gradients, surfacing and means of surface water drainage), shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
  4. No dwelling shall be occupied until the carriageways and footways serving that dwelling have been constructed to at least Binder course level or better in accordance with the approved details except with the written agreement of the Local Planning Authority.
  5. Prior to the occupation of the 36th dwelling on site, all footpath/cycle links shall be completed and made available for use.
  6. 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.

  1. The approved parking, manoeuvring and cycle storage as set out on

drawing (TBA) shall be completed and available for use prior to any

occupation of any dwelling to which it serves.

  1. Before the access is first used clear visibility at a height of 0.6 metres above the carriageway level shall be provided and thereafter permanently maintained in that area between the nearside edge of the metalled carriageway and a line 2.4 metres from the nearside edge of the metalled carriageway at the centre line of the access point (X dimension) and a distance of 90 metres in each direction along the edge of the metalled carriageway from the centre of the access (Y dimension). Notwithstanding the provisions of Part 2 Class A of the Town & Country Planning (General Permitted Development) Order 1995 (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.

  1. A signing strategy for the entry treatment to the private housing estate (as the estate does not meet SCC adoptable standards) shall be submitted to and approved in writing by the Local Planning Authority. The approved strategy shall be implemented prior to the occupation of any dwelling.
  2. Prior to occupation of any dwelling, a new bus shelter on the southbound carriageway of the Exning Road (in accordance with details that have been submitted to and approved in writing by the LPA) shall have been installed and made ready for use.
  3. Within one month of the first occupation of any dwelling, the occupiers of each of the dwellings shall be provided with a Residents Travel Pack (RTP) in accordance with the Travel Plan dated November 2018. Not less than 3 months prior to the first occupation of any dwelling, the contents of the RTP shall be submitted to and approved in writing by the Local Planning

Authority in consultation with the Highway Authority and shall include walking, cycling and bus maps, latest relevant bus timetable information, car sharing information, personalised Travel Planning and a multi-modal travel voucher.

  1. The ecological mitigation and biodiversity enhancements set out in the Ecological Assessment by Ethos Env. Planning (dated June 2019) shall be implemented in full prior to the occupation of any dwelling, unless the Local Planning Authority give consent in writing to any variation.
  2. Prior to the closure of the identified badger setts, a detailed badger

mitigation strategy shall be submitted to and approved in writing by the LPA. The strategy shall include details of the artificial replacement sett, its location, planting and timing. The existing sett(s) to be closed between the months of July and November (as permitted under license).

  1. Prior to the occupation of any dwelling details of the management and maintenance of all open space , landscaping, planting, estate roads and footpaths (including the off-site footpath link to Brickfields Avenue) shall have been submitted to and approved in writing by the LPA. The agreed management and maintenance shall be implemented in full for the lifetime of the development.
  2. 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.

  1. 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.

28.Prior to commencement of development above ground level a scheme for the provision of fire hydrants within the application site shall be submitted to and approved in writing by the Local Planning Authority. No part of the development shall be occupied or brought into use until the fire hydrants have been provided in accordance with the approved scheme. Thereafter the hydrants shall be retained in their approved form unless the prior written consent of the Local Planning Authority is obtained for any variation.

Supporting documents:

 

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