Agenda item

Report No: DEV/WS/22/001

Removal of condition 14 part A(ii) and B of F/2013/0394/OUT for 140 dwellings

Removal of condition 14 part A(ii) and B of F/2013/0394/OUT for 140 dwellings

This application was referred to the Development Control Committee because it was for a ‘major’ development and one of the Lakenheath Ward Members (Councillor Stephen Frost) had referred the proposals.

Furthermore, the recommendation to grant planning permission was contrary to the views of Lakenheath Parish Council.

The Principal Planning Officer – Major Projects explained that the application was recommended for conditional approval (as set out in Paragraphs 43 and 44 of Report No DEV/WS/22/001) subject to the adoption by the Local Planning Authority of an ‘Appropriate Assessment’ under the provisions of Regulation 63 of The Conservation of Habitats and Species Regulations 2017, which confirms no likely significant effects to the Breckland Special Protection Area, arising from the proposals; and completion of a S106 Agreement (or equivalent) to secure the planning obligations captured from the related planning permission F2013/0394/OUT.

The Committee’s attention was drawn to Paragraph 32 of the report and Members were advised that the reference therein to Condition No 20 was inaccurate and should have read No 14.

As part of his presentation the Officer explained that the other pending major development applications that had been approved for Lakenheath had similarly sought removal of the same condition from their permissions.

Speaker:      Beth Deacon-Bates (Persimmon Homes – applicant) spoke in support of the application

A number of Members posed questions in respect of the noise monitoring and enforcement.

In response, the Principal Planning Officer – Major Projects referred to the evidence supplied by the MOD in respect of the difference in character of noise output between the F35 and F15 aircraft and displayed the noise contour mapping to the meeting. He also explained the role of building control and enforcement in relation to the application.

Councillor Peter Stevens proposed that the application be approved, as per the Officer recommendation, this was duly seconded by Councillor Mike Chester.

Upon being put to the vote and with 10 voting for the motion, 1 against and with 1 abstention it was resolved

Decision

That, subject to

i)             The adoption by the Local Planning Authority of an ‘Appropriate Assessment’ under the provisions of Regulation 63 of The Conservation of Habitats and Species Regulations 2017 which confirms no likely significant effects to the Breckland Special Protection Area, arising from the proposals,

and;

ii)           Completion of a S106 Agreement (or equivalent) to secure the planning obligations captured from the related planning permission F2013/0394/OUT (as discussed in the report)

Planning permission be GRANTED.

The planning permission shall be subject to the same conditions as attached to planning permission DC/13/0660/FUL with the exception of condition 14 which shall be amended as set out below:

·         Condition 14 - No construction for any dwelling shall commence until details in respect of each of the following have been submitted to and approved in writing by the Local Planning Authority:

i) Details of the development that demonstrate for each unoccupied dwelling and its associated sound insulation that noise levels with windows closed shall not exceed a daytime level of 35 Db (16hrs) within living rooms between 07.00 and 23.00 hours, and a night-time level of 30 Db laEQ (8hrs) within bedrooms between 23.00 and 07.00 hours, using the methodology advocated within BS 8233:2014 'Guidance on sound insulation and noise reduction for buildings' (2014). The development shall adopt the proposed sound insulation measures as stated.

In the event that it cannot be demonstrated the proposals would not lead to likely significant effects to the Breckland Special Protection Area, the planning application be returned to Committee for further consideration and fresh determination.