Agenda item

Report No: DEV/WS/20/001

 

Hybrid planning application DC/14/2096/FUL - 1) Full application for the creation of new vehicular access onto Station Road, and entrance to a new primary school, 2) Outline application for up to 375 dwellings (including 112 affordable homes), and construction of a new primary school, land for ecological mitigation and open space and associated infrastructure (as amended)

 

 

(Councillor David Roach declared a local non-pecuniary interest in this item as a Member of Suffolk County Council's Development and Regulation Committee who had previously determined the application in respect of the new primary school which also formed part of the scheme.  He would remain in the meeting but would not take part in the debate and would abstain from voting on the item.)

 

Hybrid planning application DC/14/2096/FUL - 1) Full application for the creation of new vehicular access onto Station Road, and entrance to a new primary school, 2) Outline application for up to 375 dwellings (including 112 affordable homes), and construction of a new primary school, land for ecological mitigation and open space and associated infrastructure (as amended)

 

This application was referred to the Development Control Committee as it was a proposal for ‘major’ development and Lakenheath Parish Council objected to the scheme.

 

Members were advised that the application had been considered previously by (the now dissolved) Forest Heath District Council’s Development Control Committee who resolved to grant planning permission at their meeting in September 2018.

 

The application was returned to Committee in light of material changes in circumstances which had occurred since the previous determination.  These included the adoption into the Development Plan of two new documents, namely; the Single Issue Review of Core Strategy CS7 and the Site Allocations Local Plan.

 

Furthermore, recent European case law and the Local Plan policy relevant to housing allocations at Lakenheath had compelled the Council to carry out a new ‘Appropriate Assessment’ under the provisions of the Habitats Regulations.

 

The Committee were informed that the paper before them was a comprehensive and stand-alone Committee report and that no regard should be given to previous reports presented to the (now dissolved) Forest Heath District Council’s Development Control Committee.

 

Members were asked to consider the planning application afresh and to reach a new resolution, with no weight to be given to the resolution to grant planning permission made in September 2018.

 

In addition, Members were reminded that the application had been deferred from the November 2019 meeting of the Committee to enable a site visit to be undertaken. 

 

It was then withdrawn from the subsequent meeting in December 2019 to enable a short consultation to take place following a minor change to the description of the development.  The need to slightly change the description arose from amendments made to the planning application in 2015.

 

The Principal Planning Officer – Major Projects informed the meeting that errors had been identified in the S106 Agreement associated with the development (in that it mistakenly referred to Mildenhall and Red Lodge instead of Lakenheath) and this was in the process of being corrected.

 

The Officer recommendation for approval, subject to conditions as set out in Paragraph 418 of Report No DEV/WS/20/001, was therefore subject to the completion of a satisfactory Dead of Variation to correct the errors in the S106.

 

Attention was drawn to the supplementary ‘late papers’ which were issued following publication of the agenda and which set out advisory comments from the Suffolk County Council Flood and Water Management Team, together with confirmation from the Environment Agency that they did not wish to amend their previous comments made in respect of the application.

 

Lastly, the Officer made reference to the further correspondence received from Lakenheath Parish Council earlier that week which he had circulated directly to Members for their reference.

 

Speakers:    Councillor Gerald Kelly (Lakenheath Parish Council) spoke against the application

                   Councillor David Gathercole (Ward Member: Lakenheath) spoke against the application (following which Councillor Gathercole left the meeting)

 

Prior to opening the debate on the item, the Chair permitted the Service Manager (Planning – Development) to address the meeting; she advised the Committee that the High Court action referred to by the Parish Council and the Ward Member related to the planning application determined by Suffolk County Council in respect of the scheme.  This formed an entirely separate application to that which was before West Suffolk Members seeking determination.

 

Councillor Andy Neal spoke at length against the application, following which, and in light of Councillor Neal having read from a detailed prepared statement, the Lawyer advising the meeting drew the Councillor’s attention to the West Suffolk Planning Code of Conduct and in particular the section on predetermination which she read out to the meeting.  In response to which, Councillor Neal stated that he was considering the application with an open mind.

 

A lengthy debate then ensued, with a number of Members making comment/posing questions on the application which the Principal Planning Officer – Major Projects responded to as follows:

Location – Members were advised that the Local Plan had allocated the site in question for residential housing and a primary school, the location of the scheme was therefore not for debate by the Committee;

Flightpath/Noise Contours – as part of his presentation to the meeting the Officer made reference in detail to the flightpaths/noise contour zones that applied to Lakenheath and the surrounding area.  This included reminding the Committee that those who attended the site visit (at the nearby site at Briscoe Way) had witnessed jets passing directly overhead and deviated from the alleged flightpath over the application site;

Transport Assessment – Suffolk County Council had been consulted on this matter and had consistently advised that they held no objections to the proposals, including in response to the most recent consultation carried out in December 2019.  The Officer confirmed his planning judgement that the Transport Assessment (and indeed, all other evidence documents) was still considered to be a robust and valid document with no changes in circumstances identified and no evidence having been submitted to the contrary;

Need for Primary School – Members were reminded that the need for a second primary school in Lakenheath was not to be considered in isolation with this one application.  The Local Plan had allocated 663 new dwellings for Lakenheath, meaning a second primary school was needed for the village;

Speed Limit – The Officer confirmed that the 30mph speed limit was already in place on the highway across the frontage of the site.  He also made reference to the other related highways/junction improvements that would be required and secured.

 

Following reference made by the Committee to the Appeal Court action the Principal Planning Officer – Major Projects provided further explanation on this matter.  He outlined the content of the appeal which was on two grounds; the Equality Act 2010 and the Environmental Impact Assessment that accompanied that particular planning application, and drew attention to the paragraphs within his report that addressed these elements.

 

The Chair permitted Members a few moments in which to reread the sections in question.

 

Following which, Councillor David Smith made reference to the report published by the Civil Aviation Authority in 2016 which Lakenheath Community Primary School had cited in their representation. 

 

The Principal Planning Officer – Major Projects reminded Members that the existing primary school in Lakenheath fell within a higher noise contour than the application site.  Furthermore, it was a Victorian building with limited noise mitigation measures.  However, no evidence had been submitted to demonstrate that the pupils within the school were adversely affected by aircraft noise.  The Officer also referred to the summary of the CAA report on aviation noise set out in the report.

 

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

 

Upon being put to the vote and with 8 voting for the motion, 7 against and with 1 abstention it was resolved that

 

Decision

 

Planning permission be GRANTED following completion of a satisfactory Deed of Variation under S106A of the Town and Country Planning Act to correct errors identified in the completed S106 Agreement and subject to the following conditions:

 

·         Time limit for submission of reserved matters (3 years) and 2 years for commencement of development following final approval of the reserved matters.

·         Details of the reserved matters to be submitted for approval via formal application (appearance, landscaping, layout and scale).

·         Listing of the approved plans (access is included for consideration at outline stage)

·         Materials (details to be submitted with the Reserved Matters)

·         Submission of a design statement to accompany reserved matters submission/s.

·         Sustainable construction and operation methods, (further details to be submitted with reserved matters and thereafter implemented)

·         Water efficiency measures (requiring stricter optional standards of the Building Regulations)

·         Bin and cycle storage strategy (to be submitted for approval with the Reserved Matters and subsequently implemented)

·         Landscaping details (including precise details of new hard and soft landscaping, its implementation on site and its management and maintenance thereafter)

·         Details of tree planting to replaces specimens required to be felled for site access.

·         Woodland management scheme (for retained/new/replacement trees)

·         Retention and protection during construction of existing trees and hedgerows

·         Ecology (enhancements at the site, reptile mitigation plan and any further survey work required, particularly to the existing tree belts (bats) and for reptiles)

·         Construction management plan (to maintain environmental and amenity controls, including , contractors parking, provisions for loading and unloading, storage of plant and materials, wheel washing facilities, controls over dust emissions, construction and demolition waste recycling scheme, construction hours, construction lighting, surface water management during construction)

·         As recommended by the Local Highway Authority, including precise details of the proposed access (including visibility splays), timing of surfacing of the access, details of bin storage, prevention of surface water discharging from the site onto the highway, precise details of estate roads and footpaths, timing of provision of estate roads and footpaths, timing of provision of the access visibility splays, travel plan details, deliveries management plan for HGV deliveries, details of areas for manoeuvring and parking of vehicles (including turning space), removal of permitted development rights within the access visibility splays and off site highway works (Eriswell Road junction).

·         Contamination & remediation (further investigations and any remediation necessary and ground water protection measures)

·         Means of enclosure to plot and overall site boundaries (details to be submitted with relevant Reserved Matters submissions)

·         Noise condition to ensure WHO standards are met within the dwellings (daytime and night standards).

·         Noise condition to ensure internal standards are met within the school building (compliance with Design Bulletin 93 standards).

·         Acoustic design statement detailing i) how the approach to the layout of the site has mitigated against noise and ii) how the lowest practicable noise levels in the external areas of the site (gardens, open spaces and school grounds) can be achieved.

·         Provision and position of fire hydrants to be agreed.

·         Waste minimisation and re-cycling strategy

·         Details of the foul and a ‘SUDS’ surface water drainage scheme (full details to be submitted with the Reserved Matters).

·         Archaeology – Implementation of a programme of archaeological work in accordance with a written scheme of investigation (to be approved) and submission of a site investigation and post investigation assessment prior to first occupation.

·         Reserved Matters submissions to generally accord with the concept/illustrative plans (land uses and SANG arrangements).

·         Landscape and ecology management plan

·         Open space to accord with SPD requirements and all open spaces to be submitted with the first submission of reserved matters. Details of management and maintenance of the public open spaces to be agreed. This excludes the ‘SANG’ provision which is addressed in the S106 Agreement.

·         Provision of public access to the public open spaces in perpetuity.

·         Details of internal pedestrian and cyclist links to be provided with Reserved Matters submissions (including permanent and any temporary pedestrian links to the SANG land and to the school).

·         Details of secure cycle storage

·         Further/updated arboricultural assessments to be provided with Reserved Matters submission/s.-

·         Phasing plan to be submitted with first RM’s submission to detail how the housing will be delivered and provision of public open spaces, footpath links and strategic landscaping to support the delivery of the housing.

·         Affordable housing scheme (type, tenure and location on the site (clustering) of the affordable housing

·         Visitor information boards to the SANG (details to be agreed and thereafter a scheme to be implemented)

·         Landscape strategy which shall include full details of the layout and landscaping of the SANG land (including its internal and external boundaries footpath provision and access) and how the strategic landscaping and public open spaces will link to the Rabbit Hill Covert development to the south west.

·         Ecology information pack for residents of the scheme.

·         Electric vehicle charge points (1 per dwelling with on-plot parking space)

·         Protection of nesting birds during any tree felling – felling to take place outside the bird nesting season unless overseen by an ecology expert.

·         Lighting design strategy for ecology – to ensure bats using the tree corridors are not disturbed by street lighting.

·         Submission of an odour assessment which must be approved by the LPA prior to submission of any reserved matters for housing. The assessment will need to establish if the application site is affected by odour emissions from the sewage treatment works located to the east, the extent of any impact identified and, if required, proposals for mitigation. Any reserved matters considered subsequently would need to adhere to the recommendations of the odour assessment.

 

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