Agenda item

Report No: DEV/WS/20/005

 

Reserved Matters Application - Submission of details under DC/17/1047/OUT appearance, landscaping, layout and scale - (i) up to 79no. dwellings (ii) a new community centre also incorporating a replacement Carousel Children’s Centre (Class D1) with associated parking (iii) open space, landscaping and infrastructure

Reserved Matters Application - Submission of details under DC/17/1047/OUT appearance, landscaping, layout and scale - (i) up to 79no. dwellings (ii) a new community centre also incorporating a replacement Carousel Children’s Centre (Class D1) with associated parking (iii) open space, landscaping and infrastructure

 

This application was referred to the Development Control Committee at the request of Members of the former St Edmundsbury Borough Council (SEBC) when the original outline application for up to 79 dwellings was considered in December 2017.

 

The outline application for this site was previously referred to (the now dissolved) SEBC’s Development Control Committee as one of the applicants was SEBC who was the owner of part of the site. West Suffolk Council was now the owner of part of the site, which had been sold subject to contract.

 

A Member site visit was held prior to the meeting.

 

Attention was drawn to the supplementary ‘late paper’, which was issued following the publication of the agenda and reports for this meeting. The late paper contained final comments on the application from Suffolk County Council’s (SCC) Highways and from SCC’s Flood and Water Management teams, which were duly noted by the Committee. The full wording for the proposed conditions were also set out.

 

The Principal Planning Officer updated the Committee with additional information that had been received following the publication of the report and late paper, that:

 

• Further to paragraph 25 of the report, which addressed the housing tenure mix, the Strategic Housing team had now confirmed the submitted plans did adequately show that two bed/three person and three bed/four person dwellings could adequately accommodate growth in the form of additional person occupancy.

 

• An additional pre-occupation condition had been proposed in connection with the management and maintenance of non-adopted roads, as follows:

‘Before the occupation of any dwelling, full details of the future management and maintenance of the non-adopted estate roads for the site shall be submitted to and agreed in writing by the Local Planning Authority. The roads shall be managed and maintained in accordance with the agreed details for the lifetime of the development.’

Reason: In the interests of highway safety and for the benefit of the occupiers of the dwellings.’

 

• SCC’s Flood and Water Management team had stated that the proposed drainage was satisfactory, but the landscaping and proximity to the SUDS features were still to be agreed. This was capable of being dealt with in compliance with pre-commencement conditions attached to the outline permission.

 

Speaker:      Kate Wood (agent) spoke in support of the application.

 

The Committee noted that SCC Highways would adopt the junctions and the first section of the entrance road to the estate; however, some concern was expressed that some of the roads within the estate would not be adopted and that these would be managed by a private management company. Some Members were concerned whether these would be adequately maintained and to an acceptable standard in years to come. In response, Members were informed that the freehold owners within the development site would be shareholders of the management company and it would therefore be in their interests to maintain the road and area.  It was not a requirement that all roads needed to be adopted by County Highways and this was quite often the case with new developments.

 

In respect of street lighting, where units were located on the main adopted highway, these would be managed and maintained by SCC. In private unadopted areas, these were likely to become the responsibility of Bury St Edmunds Town Council or the estate’s private management company.

 

Other questions were asked in relation to the proposed development, several of which had met the required standard of the appropriate statutory consultee or had been conditioned as part of the outline planning permission which had been granted on 11 October 2019.  Specifically, it was asked whether sufficient electric vehicle (EV) charging points would be installed. A condition was thought to have been included within the outline permission regarding this; however, should this not be the case, it was suggested that officers should be given delegated authority, in consultation with the Chair and Vice-Chairs of the Committee, to attach an appropriate condition regarding the installation of an acceptable number of EV charging points on the estate. This was agreed.

 

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

 

A discussion was then held on some of the proposed conditions. Particular reference was given to ensuring any potential noise breakout from the Newbury Community Centre was appropriately managed and mitigated where necessary. The hours of use, as set out in a proposed condition, were considered to be acceptable; however, where it would be permitted for the Centre to open until 1am up to 12 times a year, it was suggested that an additional condition should be included to prevent events from being held up until this time on consecutive days. After further discussion, this eventuality was considered to be a rare occurrence and therefore, it was not felt necessary to condition.  

 

Upon being put to the vote and with the vote being unanimous, it was resolved that

 

Decision

 

A.       The reserved matters be APPROVED subject to the following conditions (fully worded conditions extracted from supplementary ‘late paper’ to Report No: DEV/WS/20/005):

 

1.       The development hereby permitted shall not be carried out except in complete accordance with the details shown on the approved plans and documents.

                                     

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

 

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

ii)       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,

iii)      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.

3.       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 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 side elevations of plots 5, 10, 23, 33, 34, 38, 55, 68 and 71.

4.       All bathroom windows in side elevations of dwellings shall be obscure glazed and maintained as such thereafter

5.       The glazing and ventilation of the dwellings shall be constructed as recommended by SRL Noise Report, Ref C14898A/TO1A/TRMD, dated 11th January 2019, so as to provide appropriate sound attenuation against noise. The acoustic insulation of the dwelling units within the proposed development shall be such to ensure noise does 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. The noise levels specified in this condition shall be achieved with the windows closed and other means of ventilation provided.

6.       The rated day time noise level of external plant or equipment serving the Community Centre with all plant operating, when measured or calculated at the nearest noise sensitive receptors, shall be limited to 42dB(A) LAeq,T. Measurements and calculations shall be undertaken in accordance with BS4142:2014.

7.       The rated night time noise level of external plant or equipment serving the Community Centre with all plant operating, when measured or calculated at the nearest noise sensitive receptors, shall be limited to 38 dB(A) LAeq,T. Measurements and calculations shall be undertaken in accordance with BS4142:2014.

8.       The site preparation and construction works, including road works, shall only be carried out between the hours of:

         

08:00 to 18:00 Mondays to Fridays

08:00 - 13.30 Saturdays

 

And at no times during Sundays or Bank Holidays without the prior written consent of the Local Planning Authority.

9.       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.

10.     No external lighting to the Community Centre to be erected until a scheme to demonstrate adequate protection for exiting residents has been submitted to and approved in writing by the Local Planning Authority.  The lighting shall be installed and operated in accordance with the agreed scheme thereafter.

11.     No playing of amplified music or speech within the Community Centre shall take place until a Noise Management Plan for the prevention of music noise breakout has been submitted to and approved in writing by the LPA. The submitted plan shall include details of the structure of the building, the timing of events, the methods to be adopted to control the low frequency component of the sound, the management systems to be put in place to monitor and control noise breakout etc. A Noise Management Plan must also consider the control of noise impacts from the use of external areas and car parking facilities. All amplified music and speech shall accord with the Noise Management Plan thereafter.

12.     All ecological measures, mitigation and/or works shall be carried out in accordance with the details contained in the ecological appraisal RT-MME-151023-01 (November 2019) as already submitted with the planning application and agreed in principle with the Local Planning Authority prior to determination.

13.     Before any above ground works are commenced, details of the estate roads and footpaths, (including layout, levels, gradients, lighting, widths, surfacing and means of surface water drainage), shall be submitted to and approved in writing by the Local Planning Authority.

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

The Plan shall include:

-        Routes for HGV and construction traffic.

-        Means to ensure water, mud and other debris cannot egress onto the highway.

-        Means to ensure sufficient space is provided on site for the parking and turning of delivery and construction traffic, including all staff and visitors.

-        Means to ensure sufficient space is provided on site for the storage of materials and equipment and siting of welfare facilities.

-        Means to ensure no light source from the construction site can cause glare or discomfort to highway users.

 

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.

15.     Before above ground works are commenced details of the areas to be provided for the loading, unloading manoeuvring and parking of vehicles including secure cycle storage 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 and used for no other purpose.

16.     Before above ground works are commenced, details showing an adequate car turning space within the site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out before first occupation and shall be retained thereafter and used for no other purpose.

 

B.       The inclusion of an additional pre-occupation condition in connection with the management and maintenance of non-adopted roads, as follows:

 

‘Before the occupation of any dwelling, full details of the future management and maintenance of the non-adopted estate roads for the site shall be submitted to and agreed in writing by the Local Planning Authority. The roads shall be managed and maintained in accordance with the agreed details for the lifetime of the development.’

 

C.      If not already included within the outline planning permission previously granted on 11 October 2019, delegated authority be given to the Service Manager (Planning – Development), in consultation with the Chair and Vice-Chairs of the Development Control Committee, to attach an appropriate condition regarding the installation of an acceptable number of electric vehicle charging points on the estate.