Agenda item

Report No: DEV/WS/20/038

Reserved Matters Application - Submission of details under Outline Planning Permission DC/15/2424/OUT - Matters Reserved by Condition 2 (appearance, landscaping, layout and scale) for the development of Units 1, 2 and 3 (Plots NE1 and NE2) for Class B1, B2 and B8

Application to Discharge Condition 6 (surface water drainage), 7 (HGV traffic movements and deliveries management plan), 8 (loading manoeuvring parking), 10 (soft landscaping), 13 (landscape management plan), 17 (contamination)and 21 (SUDS) of DC/15/2424/OUT

(Councillor David Roach declared a non-pecuniary interest in this item in view of being resident in a property adjacent to the application site.  He stated that that he would not take part in the discussion or the voting thereon.)

Reserved Matters Application - Submission of details under Outline Planning Permission DC/15/2424/OUT - Matters Reserved by Condition 2 (appearance, landscaping, layout and scale) for the development of Units 1, 2 and 3 (Plots NE1 and NE2) for Class B1, B2 and B8

Application to Discharge Condition 6 (surface water drainage), 7 (HGV traffic movements and deliveries management plan), 8 (loading manoeuvring parking), 10 (soft landscaping), 13 (landscape management plan), 17 (contamination)and 21 (SUDS) of DC/15/2424/OUT

Members were advised that the application site was allocated in Policy HV9 of the Haverhill Vision 2031 as part of one of the designated General Employment Areas in Haverhill.

The reserved matters application before the Committee followed on from:

(i) outline planning permission (with means of access) DC/15/2424/OUT for 'Development of up to 46,000 sq m of floor space for uses within Classes B1, B2 and B8 of the Use Classes Order, road side uses (petrol filling station and restaurant(s), Class (A3/A5), car dealerships (sui generis), builders merchants (sui generis), ancillary lorry park for Business Park occupiers, together with landscaping, car and HGV parking and associated works and facilities including access.' and

(ii) reserved matters application DC/19/1010/RM for submission of details under Outline Planning Permission DC/15/2424/OUT - Matters Reserved by Condition 2 (appearance, landscaping, layout and scale) for the development of Plots NE1, NE2 and SE2 for Class B1, B2 and B8 use.

The Senior Planning Officer explained that during the course of the application amendments had been made to include changes and alterations to unit 3 and additional information was submitted regarding noise and parking.

The application was referred to the Development Control Committee, at the request of the local Ward Member (Haverhill South East), Councillor Tony Brown, due to concerns that he and local residents shared in respect of the proposed scheme.

A Member site visit took place in September 2019 prior to application DC/19/1010/RM being presented at the Committee meeting in October 2019.

Officers were recommending that the application be approved, subject to conditions as set out in Paragraph 65 of Report No DEV/WS/20/038.

Speakers:    Bill Taylor (neighbouring resident on behalf of fellow residents of Bumpstead Road) spoke against the application

                   Andy Smith (architect) spoke in support of the application

Considerable debate ensued with a number of comments/questions raised by Members on various matters which the Senior Planning Officer responded to as follows:

Noise Assessment – it was confirmed that the noise assessment that had been undertaken related to both Bumpstead Road and the wider area surrounding;

Drawings – all drawings were to scale but the Planning Authority could not require applicants to include annotated dimensions. However, those residents that had requested further detail had been provided with this directly by the Case Officer;

Operating and Construction Hours – these would have had to have been imposed on the outline application and it was not possible to condition these on the Reserved Matters application before the Committee; and

Footpath – this was a requirement under the outline application and also couldn’t be further conditioned under the Reserved Matters application, however, an ‘informative’ on the item could be appended to a Decision Notice.

During further discussion Councillor John Burns raised specific concern with regard to the lack of services available in the area for the HGV delivery drivers that would be coming to the site.

The Service Manager (Planning – Development) explained that this was a wider strategic issue that could not be resolved via the application seeking determination.  She would therefore raise this matter separately with Suffolk County Council Highways on behalf of the Committee.

Other comments were made in relation to the need to ensure adequate liaison between the applicant and the nearby residents; it was suggested that a resident liaison group could be formed.

The Chair addressed this proposal to the applicant’s architect who was in the meeting and who agreed to feed this back to his client.

Councillor Ian Houlder proposed that the application be approved, as per the Officer recommendation and inclusive of the informative regarding the footpath, and this was duly seconded by Councillor Mike Chester.

Upon being put to the vote and with 11 voting for the motion, 3 against and with 2 abstentions it was resolved that

Decision

Planning permission be GRANTED subject to the following conditions:

 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       No development above slab level shall take place until samples/details of the facing and roofing 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.

 3       Further to the proposed noise levels contained in the Environmental Noise Report - Reserved Matters submitted by Sharps Redmore on the 18th July 2019, Project No. 1919017, the combined noise level emitted from any external mechanical plant and internal operations, at each Unit, installed or operated in connection with the carrying out of this permission, shall be enclosed and/or attenuated and maintained so as to ensure that the noise generated by this permission shall not exceed:-

                   - 35dB(A) LA90 (1 hour daytime 07:00 -23:00) at the boundary of the nearest residential property (that being -10dB(A) below the daytime noise level measured as 45dB(A) LA90 (1 hour daytime 07:00 - 23:00 hours) and;

                   - 25dB(A) LA90 (15 minute night time 23:00 - 07:00) at the façade of the nearest residential property (that being -10dB (A) below the night time background noise level measured as 35dB(A) LA90 (15minute night time 23:00-07:00).

          No plant, machinery and equipment, including any proposed sound proofing, shall be installed until details have been submitted to the Local Planning Authority for approval in writing.

          Noise measurements for the purposes of this condition shall be pursuant to BS 4142:2014.

 4       No phase or unit of the development shall be occupied until a Management Plan for that phase or unit, including hours of operation, hours of deliveries, full details of loading/unloading arrangements and any noise mitigation measures have been submitted to and approved in writing by the Local Planning authority. The Management Plan shall be implemented in full on occupation of each phase or unit and complied with thereafter unless otherwise agreed in writing with the Local Planning Authority.

 5       Prior to the occupation of any of the units hereby approved for Class B1/B2 use, the car parking and loading/circulation space associated with the unit shall be laid out in accordance with drawing  6502 SK19 Rev K. The car parking and loading / circulation space shall thereafter be retained as installed and used for no other purpose.

 6       Prior to the occupation of any of the units hereby approved for Class B8 use, the car parking and loading/circulation space associated with the unit shall be laid out in accordance with drawing 6502 SK26 Rev D. The car parking and loading / circulation space shall thereafter be retained as installed and used for no other purpose.

 7       Prior to occupation details of biodiversity enhancement measures to be installed at the site, including details of the timescale for installation, shall be submitted to and approved in writing by the Local Planning Authority. Any such measures as may be agreed shall be installed in accordance with the agreed timescales and thereafter retained as so installed. There shall be no occupation unless and until details of the biodiversity enhancement measures to be installed have been agreed in writing by the Local Planning Authority.

And an Informative regarding the footpath.

(On conclusion of this item the Chair permitted a short comfort break and asked that an adjournment slide be displayed in the live stream, before reconvening the virtual meeting and taking a roll-call of those present.)