Agenda item

Report No: DEV/WS/22/022

 

Application for Reserved Matters pursuant to hybrid planning permission SE/09/1283 for Infrastructure comprising of: the internal estate roads, drainage, POS, landscaping, and allotments for Land at North West Haverhill

(Councillors John Burns and David Smith each declared a non-pecuniary interest in this item in light of the fact that they had attended Haverhill Town Council’s meeting when the Town Council considered the application. However, both Councillors stressed that they would keep an open mind and listen to the debate prior to voting on the item.)

 

Application for Reserved Matters pursuant to hybrid planning permission SE/09/1283 for Infrastructure comprising of: the internal estate roads, drainage, POS, landscaping, and allotments for Land at North West Haverhill

 

This application was referred to the Development Control Committee following a call-in from the local Ward Member (Councillor Joe Mason – Haverhill North). Haverhill Town Council also objected to the application.

 

Members were advised that the application was part of the wider northwest Haverhill site, which was one of the two strategic growth sites for Haverhill identified in the adopted Core Strategy. The application before the Committee sought approval of the details for the infrastructure for phases two to six of the site which already has outline planning permission.

 

The Principal Planning Officer informed the meeting that the site had previously been the subject of significant public engagement through the preparation and adoption of a concept statement and a masterplan. Outline planning permission was granted on 27 March 2015 for residential development, a primary school, local centre including retail and community uses, public open space, landscaping infrastructure, servicing and other associated works alongside full permission for the construction of a relief road.

 

A number of changes had been made during the course of the application which were highlighted as part of the presentation to the meeting.

 

Since publication of the agenda four further representations had been received objecting to the application, all of which referenced matters covered in previous objections contained within the report.

 

A Member site visit was held prior to the meeting.

 

Attention was drawn to the supplementary ‘late papers’ issued in respect of the application and which set out a corrected map.

 

The Principal Planning Officer also highlighted the following errors in Report No DEV/WS/22/022:

·         Paragraph 8.30 which inaccurately referenced a 3-metre footway; that should have read 2-metre; and

·         Condition B2 from the outline permission had been mistakenly omitted from the list in Paragraph 8.98.

 

Officers were recommending that the application be approved, subject to conditions as set out in Paragraph 9.0 of the report, inclusive of the following amendments:

1.   Revisions to the wording of Conditions 4, 9 and 11; and

2.   Corrections to some plan reference numbers in Condition 1.

 

Speakers:    Michael Ford (resident objector, also representing a number of other local residents) spoke against the application

                   Councillor Jo Mason (Ward Member: Haverhill North) spoke against the application

                   Isaac Jolly (applicant) spoke in support of the application

                   (Councillor Mason was not in attendance to personally address the Committee and, instead, the Democratic Services Officer read out a pre-prepared statement on his behalf.)

 

Considerable debate took place on the application with a number of Members voicing highways related concerns, particularly in relation to the access to the development via Ann Suckling Road. 

 

Councillor John Burns made specific reference to the Haverhill UK Disability Action Group who had raised detailed objections to the scheme based on the difficulty that those with disabilities would have in manoeuvring around the site due to the lack of dropped kerbs, slopes etc.

 

The Principal Planning Officer assured Members that the Disability Action Group had been consulted in connection with the application and this would be continued as part of the ongoing discussions in relation to the open space elements of the scheme.

 

The Committee were also reminded that highway capacity and the highways mitigation, as requested by Suffolk County Council Highways Authority, had been secured as part of the outline application and it was not possible to revisit this under a Reserved Matters application.

 

Councillor Peter Stevens then proposed that consideration of the application be deferred in order to allow Officers to seek further advice on the highways concerns raised. This was duly seconded by Councillor Andy Drummond.

 

Discussion continued and Councillor Burns asked if it would be possible to further amend Condition No 9 in order to enable the internal loop road connecting to Farrant Road to be completed and open to traffic before the first use of the connection to Ann Suckling Road. This would ensure that the traffic arising from the development was balanced on the existing road network and would alleviate a number of the concerns raised.

 

The Principal Planning Officer agreed that it could be possible to amend the condition in this way, subject to consultation with the developer and the Local Highways Authority – in terms of reasonableness and necessity.

 

In light of this suggestion Councillors Stevens and Drummond confirmed to the Chair the withdrawal of their motion for deferral.

 

Accordingly, Councillor Ian Houlder then proposed that the application be approved as per the Officer recommendation, inclusive of the amendments outlined during the presentation and the further revision proposed by Councillor Burns. This was duly seconded by Councillor Mike Chester.

 

Upon being put to the vote and with 14 voting for the motion, 1 against and with 1 abstention it was resolved that

 

Decision

 

Planning permission be GRANTED subject to the following conditions:

 

1.     Approved Plans

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

2.     Action required in accordance with ecological appraisal recommendations

All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the following reports as already submitted with the planning application and agreed in principle with the local planning authority prior to determination.

·           Updated Ecological Walkover Survey of Phases 2 to 6 and the Relief Road at Haverhill (James Blake Associates, 25th March 22, revised 9th June 2022)

·           Preliminary Ecological Appraisal of Phases 2-6 (JBA, January 2019)

·           Phase 1 Habitat Survey Of Relief Road (JBA, February 2018)

·           Botanical Survey (Including Sulphur Clover Survey) of Phases 2 – 6 and Relief Road (August 2019)

·            Sulphur Clover Translocation and Working Method Statement for Phases 2 – 6 (James Blake Associates, February 2022)

·           Water Vole (Arvicola amphibius) Habitat Assessment – Haverhill Relief Road (30th October 2020)

·           Hazel Dormouse Survey Report of Phases 2- 6 (JBA, December 2019)

·           Reptile Survey of Phases 2 – 6 and relief Road (JBA, June 2019)

·           Breeding Bird Survey of Phases 2 – 6 and Relief Road (JBA, October 2019)

·           Hedgerow Survey of Phases 2 – 6 and Relief Road (JBA, August 2019)

·           Wintering Bird Survey of Phases 2- 6 and relief Road (JBA, February 2020)

·           Great crested Newt eDNA Survey of Phases 2 -6 (JBA, June 2019)

·           Bat Activity Survey Report of Phases 2 - 6 and Relief Road (JBA, October 2019)

·           Badger Survey of Phases 2-6 and Relief Road (JBA (2019b)

·           Haverhill Ecology Mitigation Requirements JBA 18-351_ECO 23, RevB 21_06_22 (James Blake Associates

This may include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW) to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details.”

3.     Construction Environmental Management Plan for Biodiversity – pre-commencement

Prior to the commencement of development or any clearance works taking place, a construction environmental management plan (CEMP: Biodiversity) shall be submitted to and approved in writing by the local planning authority.

The CEMP (Biodiversity) shall include the following.

          a) Risk assessment of potentially damaging construction activities.

          b) Identification of “biodiversity protection zones”.

c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).

d) The location and timing of sensitive works to avoid harm to biodiversity features.

e) The times during construction when specialist ecologists need to be present on site to oversee works.

          f) Responsible persons and lines of communication.

g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

          h) Use of protective fences, exclusion barriers and warning signs.

i) Containment, control and removal of any Invasive non-native species present on site

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority”

4.     Hazel Dormouse, Water Vole, Badger and Great Crested Newt Method Statement – pre commencement

Prior to the installation of the lighting a Hazel Dormouse, Water Vole, Badger and Great Crested Newt Method Statement shall be submitted to and approved in writing by the local planning authority. This will contain precautionary mitigation measures and/or works to reduce potential impacts to the above listed protected species during the construction phase.

The method statement for Hazel Dormouse must include the following:

·      Checks for dormouse nests prior to works. This should include checks for aerial nests in above ground vegetation from April to October inclusive and ground level checks for hibernation nests from October to April inclusive. Progressive clearance of vegetation towards retained habitats.

·           Ecological supervision of vegetation clearance on site.

·           Works must stop if evidence of dormouse is found.

The measures and/works shall be carried out strictly in accordance with the approved details and shall be retained in that manner thereafter.

5.     Skylark mitigation strategy – prior to commencement

Prior to the commencement of development or any clearance works taking place, a Skylark Mitigation Strategy shall be submitted to and approved by the local planning authority to compensate the loss of any Skylark territories. This shall include provision of the evidenced number of Skylark nest plots, to be secured by legal agreement or a condition of any consent, in nearby agricultural land, prior to commencement.

The content of the Skylark Mitigation Strategy shall include the following:

a) Purpose and conservation objectives for the proposed   Skylark plots;

b) detailed methodology for the Skylark plots following Agri-Environment Scheme option: ‘AB4 Skylark Plots’;

c) locations of the Skylark plots by appropriate maps and/or plans;

d) persons responsible for implementing the compensation measure.

The Skylark Mitigation Strategy shall be implemented in accordance with the approved details and all features shall be retained for a minimum period of 10 years.

6.     Ecological Design Strategy – prior to commencement

No development shall take place until an ecological design strategy (EDS) addressing the specific ecological mitigation, compensation and enhancements for the site infrastructure application (DC/20/0614/RM) has been submitted to and approved in writing by the local planning authority, before or concurrent with the Landscape Ecology and Management Plan. This should include bats, birds, Hazel Dormouse, Reptiles, Sulphur Clover, Hedgehogs, retained habitats (trees, scrub, hedgerows and associated ground flora) and habitat creation (woodland, wildflower meadows, scrub, SuDS and associated/adjacent habitats.

The EDS shall include the following.

a) Purpose and conservation objectives for the proposed works.

b) Review of site potential and constraints.

c) Detailed design(s) and/or working method(s) to achieve stated objectives.

d) Extent and location/area of proposed works on appropriate scale maps and plans.

The EDS shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.

7.     Bat hop-over details and wildlife sensitive lighting scheme – prior to commencement.

Prior to the commencement of the development a lighting design scheme for biodiversity shall be submitted to and approved in writing by the local planning authority. The scheme shall identify those features on site that are particularly sensitive for bats and that are likely to cause disturbance along important routes used for foraging; and show how and where external lighting will be installed (through the provision of appropriate lighting contour plans, lsolux drawings and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory.

The lighting information shall eb shown concurrently with the detailed bat hop planting proposed to demonstrate how together these elements will create the necessary dark corridors.

All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

8.     Time limit of development before further surveys are required

If the infrastructure development hereby approved does not commence within two years from the date of the planning consent, the approved ecological mitigation measures secured through condition shall be reviewed and, where necessary, amended and updated.

The review shall be informed by further ecological surveys commissioned to:

i.             establish if there have been any changes in the presence and/or abundance of the existing habitats and protected and priority species and

ii.       identify any likely new ecological impacts that might arise from any changes.

Where the survey results indicate that changes have occurred that will result in ecological impacts not previously addressed in the approved scheme, the original approved ecological measures will be revised and new or amended measures, and a timetable for their implementation, will be submitted to and approved in writing by the local planning authority prior to the commencement of the site infrastructure phase.

Works will then be carried out in accordance with the proposed new approved ecological measures and timetable.

9.     Connection to Ann Suckling Road

Notwithstanding the details indicated on the approved plans, prior to the commencement of the construction of the connection between the development and Ann Suckling Road, the final details of that connection shall be submitted to the local planning authority and agreed in writing. These details will include (but not be limited to) the final form and location of raised tables, the manner in which pedestrians and cyclists connect between the development and the existing highway network, and any changes in the geometry or priority at the point of connection.

All work shall be completed in accordance with the approved details, and the internal loop road connecting to Farrant Road, shall be completed to at least binder course level and open to traffic, before the first use of the connection to Ann Suckling Road.

10.  Access Strategy – prior to the commencement of the road.

Prior to the commencement of the approved road, an access strategy setting out an appropriate network of dropped kerbs across the site to facilitate access for all shall be submitted the local planning authority and agreed in writing.

11.Bus gate details – prior to the construction of the connection to Howe Road

Notwithstanding the details indicated on the approved plans, prior to the construction of the connection to Howe Road, the final details of the connection between the development and Howe Road, which shall include a ‘bus gate’ to prevent access by vehicles other than buses, shall be submitted to the local planning authority and agreed in writing. These details will include precise details of the construction, operation and future management/enforcement of the gate and much ensure that appropriate east/west connectivity for pedestrians and cyclists within he site is maintained.

All work shall be completed in accordance with the approved details before the first use of the road connecting the development site to Howe Road.

12.Street furniture and natural play features – prior to installation.

Prior to the installation of any street furniture or natural play items including but not limited to bins, benches and picnic tables, boulders and logs, full details of the street furniture shall be submitted to the local planning authority and agreed in writing. The details shall include an appropriate number of wheelchair accessible items to ensure the site can be enjoyed by all. All items shall be installed in accordance with the agreed details.

13. Allotments – prior to their commencement

Prior to the commencement of the allotments details of the final specification including layout out, fencing and gates including gated access to the parking and services will be submitted to the local planning authority and agreed in writing.

All works shall be completed in accordance with the approved details.

14.Play areas – Full details and specifications prior to installation of NEAP and LEAP

Notwithstanding the information on the submitted plans, prior to the installation of the NEAP, LEAP and outdoor Gym Equipment, the final specifications for those areas and all equipment within them shall be submitted to the local planning authority and agreed in writing.

This information must include as a minimum:

o   Fencing and gate specifications, including full details of the MUGA enclosure;

o   Details of all surfacing within the playable space;

o   Details of the surfacing under the outdoor gym equipment;

o   Details of play and gym equipment.

o   Details of any ancillary items associated with the playable spaces such as seating and signage.

15.Tree Root Guard details - prior to installation

Prior to the installation of the street trees the full details of the proposed root guards that tree shall be submitted to the local planning authority and agreed in writing. All work shall be carried out in full accordance with the approved details.

 

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