Agenda item

Report No: DEV/WS/21/037

Planning application - removal of conditions five and six and variation of condition two of DC/17/1614/FUL to allow the use of UPVC windows

(Councillor Roger Dicker asked that it be noted, in the interests of transparency, that he was acquainted with the applicant purely by way of the individual in question being a patron at the shop/Post Office he operated in Kennett.)

Planning application - removal of conditions five and six and variation of condition two of DC/17/1614/FUL to allow the use of UPVC windows

This application was referred to the Development Control Committee following consideration by the Delegation Panel and in view of the objection by Newmarket Town Council, which was in conflict with the Officer’s recommendation of approval, subject to conditions as set out in Paragraph 20 of Report No DEV/WS/21/037.

Speakers:    Harry Dibden (architect) and Darren Moffat (surveyor) jointly spoke in support of the application

(NB: Registration had been made in advance of the meeting for one of the Ward Members (Newmarket East) to speak on the application, however, due to unforeseen circumstances neither Councillor was able to attend and this was verbally confirmed to the Chair during the meeting by the Democratic Services Officer.)

Councillor James Lay drew attention to the comments made by Newmarket Town Council and stressed the importance of the Newmarket Neighbourhood Plan and the designated Conservation Area.

Councillor Susan Glossop echoed these comments and highlighted the need to listen to local communities when considering planning applications.

Councillor Mike Chester inquired as to the reason for the application (to remove the conditions in question), however, he was reminded that the reasoning for an application being made was not a material planning consideration.

The Principal Conservation Officer was in attendance and was invited by the Chair to address the meeting. The Officer explained that the building in question was not a listed building; it was a modern new build.

Attention was drawn to her comments in Paragraph 5 of the report and the Committee was advised that ‘traditional features’ were still able to be in-keeping and of benefit to a Conservation Area whilst using modern materials.

A number of Members made reference to the energy efficiency benefits the proposal would bring about.

Councillor Roger Dicker spoke in support of the proposal which he considered appropriate and of high-quality design. He proposed that the application be approved as per the Officer recommendation and this was duly seconded by Councillor Ian Houlder.

With 9 voting for the motion, 6 against and with 1 abstention it was resolved that

Decision

Having regard to the existing planning permission and its conditions, some of which have been discharged, planning permission be GRANTED subject to the following conditions:

1.     The development hereby permitted shall be begun not later than three 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.     The development shall be completed in accordance with the drainage details submitted under condition 3 of permission DC/17/0614/FUL, discharged by DCON(C)/17/1614, and as approved by this varied permission.

4.     The development shall be completed in accordance with the materials submitted under condition 4 of permission DC/17/0614/FUL, discharged by DCON(A)/17/1614, and as approved by this varied permission.

5.     The site demolition, preparation and construction works, including deliveries to the site and the removal of excavated materials and waste from the site, shall be carried out between the hours of 08:00 to 18:00 on Mondays to Fridays and between the hours of 08:00 to 13:30 on Saturdays and at no time on Sundays, Bank or Public Holidays without the prior consent of the Local Planning Authority.

6.     The acoustic insulation of each dwelling 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 the hours of 07:00 to 23:00, and an LAeq (8hrs) of 30dB(A) within bedrooms and living rooms between the hours of 23:00 to 07:00.

7.     The development shall be completed in accordance with the dust mitigation details submitted under condition 9 of permission DC/17/0614/FUL, discharged by DCON(A)/17/1614, and as approved by this varied permission.

8.     No individual dwelling hereby approved shall be occupied until the optional requirement for water consumption (110 litres use per person per day) in Part G of the Building Regulations has been complied with for that dwelling.

9.     The development shall be completed in accordance with the screen walls and fences details submitted under condition 12 of permission DC/17/0614/FUL, discharged by DCON(B)/17/1614, and as approved by this varied permission.

10.  The development shall be completed in accordance with the landscaping details submitted under condition 13 of permission DC/17/0614/FUL, discharged by DCON(B)/17/1614, and as approved by this varied permission.

11.  The development shall be completed in accordance with the arboricultural method statement submitted under condition 14 of permission DC/17/0614/FUL, discharged by DCON(B)/17/1614, and as approved by this varied permission.

12.  The vehicular access shall be laid out and completed in all respects in accordance with Drawing No 1805/10 C and shall be made available for use before the occupation of any dwelling. It shall be retained thereafter in its approved form.

13.  No dwelling shall be occupied until the area(s) within the site shown on drawing no. 1805/10 C for the purpose of loading, unloading, manoeuvring and parking of vehicles has been provided. Thereafter the area(s) shall be retained and used for no other purpose.

14.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 as amended (or any Order revoking and re-enacting that Order) no development permitted by Article 3, Part 1, Class A, B, C, D and E of Schedule 2 to the Order shall be erected/carried out within the site other than any expressly authorised by this permission.

15.  Before 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.

Supplementary informative: The applicant is hereby advised that options for complying with this condition are varied and could be any one or more of a number of measures, proportionate, reasonable and relevant to the site in question. These include, but are not limited to, integrated bird boxes, integrated bat boxes, native berry-bearing trees/shrubs, native pollinating plants or wildflower areas, and where adjacent to Green Infrastructure potentially hedgehog domes, hedgehog highways (connecting gardens through small holes in boundary fences) or hibernacula, wildlife pond, and / or compost heaps.