Agenda item

Report No: DEV/WS/19/035

Planning Application - 11no. dwellings and 57no. parking spaces (following demolition of 70no. garages) - Previous Application DC/17/2586/FUL

Planning Application - 11no. dwellings and 57no. parking spaces (following demolition of 70no. garages) - Previous Application DC/17/2586/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 (which contained prescribed contributions in light of this application being classified as a major) 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, displayed photographs of parking in Emmanuel Close in the evening and drew attention to Paragraph 32 of Report No DEV/WS/19/035; Members were advised that the figures within this paragraph contained an inaccuracy and a total of 59 parking spaces would be provided within the new development (as opposed to 57).

Lastly, the Committee was advised that the Officer had been in further dialog with Suffolk County Council Highways who had verbally stated that they were now content that their concerns could be mitigated via conditions and, as such, withdrew their holding objection as made reference to in Paragraph 12.

Speakers:    James Power (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

During the debate the Committee posed 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 applications in respect of electric charging points, disabled parking spaces and asbestos):

Location and Condition of Alternative Garages – the Officer read out the locations at which there were vacant garages that could be rented by tenants who had occupied those cited for demolition within the scheme.  He presumed that these were of a similar size and condition as those within the four application sites;

Overlooking of No. 32 – The Committee was advised that whilst the overlooking of No 32 was a material consideration Members needed to be mindful that the property already experienced some degree of overlooking currently;

Withdrawal of Holding Objection – In response to some Members’ concerns relating to the verbally advised withdrawal of the Suffolk County Council Highways holding objection, the Officer assured the Committee that he was very clear on the Highways Authority’s current position with regard to the application.

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

Upon being put to the vote and with 7 voting for the motion, 7 against and with 2 abstentions it was resolved on the Chair’s casting vote that

Decision

Planning permission be GRANTED subject to:

A.   Completion of a S106 Agreement to secure:

·         £36,543 (2019/20 costs) to spend on primary school provision

·         £56,617 (2019/20 costs) to spend on secondary school provision

·         £16,666 (2019/20 costs) towards pre-school provision

·         £176 towards enhanced library provision

·         Contributions towards ecological 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

B.   And 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 east elevation of plot 3, the south elevation of plot 5 and the north elevation of plot 6.