Agenda item

Report No: DEV/WS/19/034

Planning Application - 6 no. dwellings and 30 no. parking spaces (demolition of 39no. lock-up garages) - (Previous Application DC/17/2587/FUL)

Planning Application - 6 no. dwellings and 30 no. parking spaces (demolition of 39no. lock-up garages) - (Previous Application DC/17/2587/FUL)

This application was referred to the Development Control Committee as it was one of four applications across four sites totalling 28 dwellings, which raised issues of significant concern to local residents and Mildenhall High Town Council.

The Committee was advised that in August 2018 (the since dissolved) Forest Heath District Council’s Development Control Committee refused a previous scheme for 11 dwellings on the same site.

A Member site visit was held prior to the meeting.  Officers were recommending that the application be approved, subject to the completion of a S106 Agreement and conditions as set out in the supplementary ‘late papers’ circulated after publication of the agenda.

The Principal Planning Officer advised Members that since the issue of the ‘late papers’ additional objections had been received from residents; largely raising issues with the scheme as covered in previous representations such as traffic, the impact on amenity and the effect construction could have on residents’ mental health.

As part of his presentation the Officer outlined the changes that had been made to the scheme and drew attention to Paragraph 30 of Report No DEV/WS/19/034; Members were advised that the figures within this paragraph contained an inaccuracy and the calculation should have demonstrated an over-provision of 4 parking spaces (as opposed to 6), based on what the scheme would provide.

Speakers:    Russell Richards (neighbouring resident) spoke against the application

                   The Chair asked Members to note the earlier joint statement made on all four of the garage area applications by Councillor Russell Leaman (Mildenhall High Town Council)

                   Councillor Andy Neal (Neighbouring Ward Member: Mildenhall Queensway) spoke against the application

                   Nicole Wright (agent) spoke in support of the application

Councillor Don Waldron asked the Chair if it would be possible for Councillor Andy Neal to table some photographs which supported his public speaking statement.  The Lawyer advised that this was not permitted under the Council’s Public Speaking Policy which did not allow handouts or visual aids.

Councillor David Palmer opened the debate and again advised his fellow Committee Members that he had visited the site in the evening of his own volition and found the parking to be saturated with vehicles, including some on pavements.

Further debate continued with the Committee posing questions which were responded to by the Principal Planning Officer as follows (this was in addition to the same comments being made as referenced under the previous application in respect of electric charging points and asbestos):

Flooding – A map showing surface water flooding was shown as part of the Officer’s presentation and the proposed scheme was not considered to be likely to exacerbate the problem.  On the contrary, the replacement of some of the existing hardstanding with garden areas could assist;

Water Consumption – The Officer provided explanation on the figures referenced within the report; and

Uplift of Existing Properties/Grass Verge Parking – Comments had been made from some Members as to whether Flagship intended to renovate any of the existing properties and if some of the grass verges could have some form of natural surface laid in order to allow additional ‘unofficial’ parking spaces.  The Committee were advised that they needed to consider the application that was before them that made no reference to the existing dwellings; a number of which were privately owned in any event.  The Officer also explained that the grass verges in question varied in ownership; some by the District Council and some by the County Council.

In response to points raised with regard to the provision of disabled parking spaces, the Service Manager (Planning – Development) explained that should future tenants require disabled parking then this is something they would need to raise directly with Flagship, as landlord.

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

Upon being put to the vote and with 10 voting for the motion and 6 against it was resolved that

Decision

Planning permission be GRANTED subject to:

A.           Completion of a S106 Agreement to secure contributions towards mitigation; to take the form of enhancements to the existing recreational open space located just to the east of Pembroke Close and to the north of Emmanuel Close and Downing Close; and

B.           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 above slab level shall take place until samples of the facing and roof materials 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 development above ground level shall take place until details of the treatment of the boundaries of the site have been submitted to and approved in writing by the Local Planning Authority. The details shall specify the siting, design, height and materials of the screen walls/fences 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 use/occupation in accordance with the approved details.

 5       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.

 6       No occupation of any part of the permitted development shall take place until a verification report demonstrating completion of works as set out in the remediation strategy is submitted to and approved, in writing by the Local Planning Authority.

 7       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.

 8       The site demolition, preparation and construction works shall 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 only, and at no time on Sundays, Bank or Public Holidays without the prior written consent of the Local Planning Authority.

 9       The acoustic insulation of the dwelling units within the proposed development shall be such to ensure noise levels with windows closed do not exceed an LAeq(16hrs) of 35dB(A) within bedrooms and living rooms between 07:00 and 23:00hrs and an LAeq(8hrs) of 30dB(A) within bedrooms and living rooms between 23:00 and 07:00hrs.

10      No development above ground level shall take place until a scheme of soft landscaping for the site drawn to a scale of not less than 1:200, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include accurate indications of the position, species, girth, canopy spread and height of all existing trees and hedgerows on and adjacent to the site and details of any to be retained, together with measures for their protection during the course of development. Any retained trees removed, dying or becoming seriously damaged or diseased within five years of commencement 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.  The works shall be completed in accordance with the approved plans and in accordance with a timetable to be agreed with the Local Planning Authority.

11      Before the development is commenced 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 be carried out in its entirety before the development is brought into use and shall be retained thereafter for no other purpose.

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

13      Before the development is commenced details shall be submitted to and approved in writing by the County Planning Authority showing the means to ensure any removal or alteration of existing highway drainage will be carried out with the approval of the highway authority. 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.

14      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.

15      All HGV and construction traffic movements to and from the site over the duration of the construction period shall be subject to a Construction and Deliveries Management Plan (CDMP) which shall be submitted to the planning authority for approval a minimum of 28 days before any deliveries of materials commence.

          The CDMP shall include, but not be limited to:

          - parking provision for construction and other associated workers during the demolition and construction phases

          - storage of materials and equipment

- routes for HGV traffic associated with the demolition and construction phases

- means to ensure surface water, mud and other construction debris does not egress onto the highway

          No HGV movements shall be permitted to and from the site other than in accordance with the routes defined in the Plan.

16      The use shall not commence until the area(s) within the site shown on drawing 17-017-A-001 J 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.

17      Before the development is commenced details showing an adequate car parking bay dimensions and turning space within the site shall be submitted to and approved in writing by the Local Planning Authority. Parking spaces should be 5.0m X 2.5m (minimum) and adequate turning space should be evidenced by scaled drawings and vehicle tracking plans. The approved scheme shall be carried out before first occupation and shall be retained thereafter and used for no other purpose.

18      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 windows, dormer windows, roof lights or openings of any other kind, other than those expressly authorised by this permission shall be constructed at first floor level or above in the north (rear) elevations of plots 5 and 6.