Report No: DEV/WS/22/029
Planning Application - 141 no. dwellings and associated infrastructure including roads, parking, sustainable drainage, pumping station and public open space, as amended
Planning Application - 141 no. dwellings and associated infrastructure including roads, parking, sustainable drainage, pumping station and public open space, as amended.
This application was originally referred to the Development Control Committee on 6 July 2022 as the proposals were for ‘major’ development and the Parish Council objected to the scheme.
Furthermore, part of the site (the woodland public open space) was situated outside of the limits of the Local Plan allocation and beyond the settlement boundaries of the village.
At the July meeting the Committee resolved to defer consideration of the application in order to seek clarification and/or information in relation to the following matters:
1. To carry out a visit to the site;
2. To enable discussions between the applicant and Highway Authority with regard to ensuring the main road and foot/cycleways were designed to adoptable standards to conclude and the outcome reported to the Committee via amended plans (if amended plans are necessary);
3. To clarify the approach to maintaining secondary emergency vehicle access to serve the existing development to the South of the application site (the planning permission for that development made provision for emergency vehicle access through the application site);
4. To seek clarity from the Highways Authority at Suffolk County Council about whether there was a need to provide for formal parking restrictions along the existing Thistle Way approach into the application site and/or the new spine road to be provided as part of the development to deter inappropriate on-street parking. The Committee also requested information about whether there was sufficient parking available for residents with dwellings located along Thistle Way; and
5. To agree a more appropriate boundary treatment strategy to the eastern site boundary.
Report No DEV/WS/22/029 set out a response in relation to the above matters and a Member site visit was held prior to the meeting.
Officers were continuing to recommend that the application be approved, subject to:
i. A positive (subsequent) ‘Appropriate Assessment’ of the project to accord with the strict provisions of Regulation 63 of the Habitats Regulations;
ii. Completion of a S106 Agreement; and
iii. Conditions as set out in Paragraph 274 of the report, yet subject to a number of varied amendments as outlined during the Officer’s presentation and inclusive of two additional conditions (details of the fencing to the east boundary and precluding vehicular access onto the public open spaces).
All of the above were to be resolved to the satisfaction of the Director (Planning and Growth) in consultation with the Chair and Vice Chairs of the Committee and Ward Members.
Speakers: Shazia Shujah (Clerk – Red Lodge Parish Council) spoke in support of the application
Kath Slater (agent) spoke in support of the application
(The Parish Council Clerk was not in attendance to personally address the Committee and, instead, the Democratic Services Officer read out a pre-prepared statement on her behalf.)
Councillor Andy Drummond questioned why the application was before Committee for determination in light of the Parish Council now having withdrawn their objection to the scheme. The Service Manager (Planning – Development) explained that as the application had been deferred by the Committee at their meeting in July in order to seek further information on specific matters, it was therefore only right and appropriate that the matter was brought back before Members.
Two Suffolk County Council Highways Authority Officers were in attendance and were invited by the Chair to address the meeting on highways matters and to respond to the related questions posed by Members; which largely referred to the Traffic Regulation Order process.
The Principal Planning Officer – Major Projects also responded to other questions raised by the Committee in relation to the management of the woodland area and any required tree removal.
Councillor Drummond then addressed the meeting in his capacity as Suffolk County Councillor for Red Lodge and spoke in support of the scheme and the progress made since the deferral of the application in July. He confirmed that he had been in liaison with the relevant Council department in respect of the necessary enforcement that would be required to support any future related Traffic Regulation Orders.
Councillor John Burns voiced extreme dissatisfaction with the Civil Parking Enforcement operated by West Suffolk Council in Haverhill, which Councillor Peter Stevens (as the relevant Cabinet Member) took exception to.
The Chair pointed out that matters relating to Civil Parking Enforcement in Haverhill were not material to the consideration of the application and asked Councillor Burns to moderate his comments which he did, whilst maintaining reservations in relation to Haverhill specifically.
Councillor Drummond then proposed that the application be approved as per the Officer recommendation inclusive of the amendments/additions referenced earlier in the meeting and subject to the caveats as outlined by the Officer. This was duly seconded by Councillor Peter Stevens.
Upon being put to the vote and with 11 voting for the motion and with 5 against, it was resolved that
i) A positive (subsequent) ‘Appropriate Assessment’ of the project to accord with the strict provisions of Regulation 63 of the Habitats Regulations; and
ii) Completion of a Planning Obligation (or equivalent) under S106 of the Town and Country Planning Act to secure:
· Affordable housing provision (30%)
· Public Open Space provision and maintenance (unless forming separate planning conditions)
· Contribution towards primary education (£676,764)
· Contribution towards secondary (£573,367) and sixth form (£142,650) education
· Developer funding to be used towards student travel to their place of secondary education (£138,575)
· Developer contributions towards pre-school education (£266,604)
· Developer contributions towards real time passenger information boards at bus stops serving the development (£30,000)
· Developer contributions towards health care capacity in the vicinity of the site (£81,200)
· Developer contributions towards off-site provision of play equipment (£220,155)
· Libraries contribution (£30,456) to be used to serve the development
· Developer contributions for the making and implementation of a RTO at the access of the development and into Thistle Way, as appropriate
The Director (Planning and Growth) be authorised to grant planning permission subject to conditions, including (with Development Plan policy references to be added to the reasons for the conditions):
1. The development hereby permitted shall be commenced no later than 3 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 carried out and constructed with the external building materials illustrated and annotated on drawing number 14798-006k.
4. The development hereby approved shall be constructed in accordance with (at least) the measures set out in the applicants document ‘Energy Statement’ (dated May 2022) prepared by AES Sustainability Consultants Ltd.
5. No individual dwelling hereby approved shall be occupied until the optional requirement for wholesome water consumption (110 litres use per person per day) in Part G2, Regulation 36 of the Building Regulations (2016) and has been complied with for that dwelling.
6. The areas to be provided for the storage and presentation for collection/emptying of refuse and recycling bins as shown on Drawing No. 14798-011 Rev K shall be provided in their entirety before the dwelling or dwellings to which it relates is first brought into use and shall thereafter be retained and used for no other purpose.
7. The approved scheme of soft landscaping works, as illustrated on drawing numbers [numbers to be inserted] shall be implemented not later than the first planting season following commencement of the development (or otherwise in accordance with a phased delivery plan to be agreed in advance with the Local Planning Authority). Any planting removed, dying or becoming seriously damaged or diseased within five years of planting shall be replaced within the first available planting season thereafter with planting of similar size and species unless the Local Planning Authority gives written consent for any variation.
8. Prior to the commencement of development a scheme and timetable for the implementation of the approved scheme of hard landscaping shall be submitted to the Local Planning Authority for approval in writing. Thereafter the approved scheme of hard landscaping for the development, as illustrated on drawing numbers [drawing numbers to be inserted] shall be carried out full in accordance with the approved details and the approved scheme/timetabling for implementation.
9. Prior to the commencement of development a details of proposed arrangements for the future management and maintenance of the main and incidental public open spaces (excluding privately owned dwelling curtilages and adopted highway infrastructure), areas of soft landscaping and areas of hard landscaping (including emptying of dog bins and footpaths, including those within the woodland public open space) shall be submitted to the Local planning Authority for approval in writing. Thereafter the development shall be managed and maintained fully in accordance with the approved details following first occupation of the development.
10.Prior to commencement of development a woodland work plan method statement shall be submitted to the Local Planning Authority for approval in writing. The ‘work plan’ shall include full details of routine maintenance and management regimes of the wooded area within the application site, including for its boundary treatments and shall include details of barriers or other measures to be provided strategically around its edges to prevent or avoid uncontrolled vehicular access.
11.Prior to commencement of development a scheme for the protection during construction of the trees on and adjacent to the site, in accordance with BS 5837:2012 – ‘Trees in relation to construction – Recommendations’, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall show the extent of root protection areas and details of ground protection measures and fencing to be erected around the trees, including the type and position of these. The protective measures contained with the scheme shall be implemented prior to commencement of any development, site works or clearance in accordance with the approved details and shall be maintained and retained until the development is completed. Within the root protection areas the existing ground level shall be neither raised nor lowered and no materials, temporary buildings, plant, machinery or surplus soil shall be placed or stored thereon. If any trenches for services are required within the fenced areas they shall be excavated and backfilled by hand and any tree roots encountered with a diameter of 25mm or more shall be left unsevered.
12. Prior to commencement of development a written Ecological Protection and Enhancement Strategy shall be submitted to the Local Planning Authority for approval in writing. The written strategy shall demonstrate either i) compliance with or implementation of all recommendations set out within the "Ecological Appraisal" (Aspect Ecology) dated February 2021 and drawing numbers [to be inserted] or, ii) alternative suitable measures. Thereafter, the approved strategy shall be fully implemented and/or adhered to in accordance with a timetable and/or trigger points agreed as part of the written strategy.
13. No development shall take place until a Construction Method Statement has been 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, and manoeuvring of vehicles of site personnel, operatives and visitors
ii). loading and unloading of plant and materials (including deliveries)
iii). a deliveries management plan (to include routing of delivery vehicles and measures for resolving complaints)
iv). storage of plant and materials used in constructing the development (including any site office/s)
v). provision and use of wheel washing facilities and additional measures to prevent mud and other debris from the site being deposited onto the highway via construction, delivery and other site related vehicles.
vi). measures to control the emission of dust and dirt during construction
vii). a scheme for recycling/disposing of waste resulting from construction works (including any excavated soil). There shall be no burning on site of waste materials.
viii). hours of operation for construction activities, including concrete pour, operation of generators, traffic movements for deliveries and waste disposal. The Local Planning Authority shall be provided with three days’ notice prior to any extended concrete pour taking place outside the agreed hours of construction, to allow for express agreement that the works can proceed.
ix). lighting scheme, if any, for the construction site and any compounds (including within and outside hours of operation and construction).
x) details of haul routes on and (if appropriate) off the highway network
xi). surface water management plan detailing how surface water and storm water will be managed on the site during construction.
xii). The erection and maintenance of any security hoarding including decorative displays and/or developer livery and facilities for public viewing where appropriate.
xiii) Identification of areas of the site to be fenced off to prevent ground disturbance/compaction or storage of materials in these areas.
xiv) Details of measures to mitigate/supress noise disturbance from external plant and machinery (including, for example, construction vehicles, compressors and pneumatic percussive tools).
xv) Noise management responsibilities and measures
xvi) Monitoring and review procedures and mechanisms
xvii) Complaints response procedures
xviii) Community liaison procedures
xix) Either 1) details of measures to maintain secondary emergency vehicle access that is required to be provided and maintained from the Thistle Way adopted highway, through the application site to the existing housing development to the south during the construction phase/s of the development or 2) details of alternative/replacement measures for emergency vehicle access that shall be implemented before the existing access arrangements are temporarily stopped up (should the need for stopping up arise).
14. No dwelling shall be occupied until the carriageways and footways serving that dwelling have been constructed to at least Binder course level or better in accordance with the approved details.
15. The new estate road junction with Thistle Way as shown on Drawing No. 14798-015 Rev G inclusive of cleared land within the visibility splays to this junction must be formed prior to any other works commencing or delivery of any materials to the site (with the exception of any materials delivered for the purpose of constructing the new estate road and its junctions.
16. No development shall be commenced until an estate road phasing and completion plan has been submitted to and approved in writing by the local planning authority. The estate road phasing and completion plan shall set out the development phases and the standards of construction that the estate roads serving each phase of the development will be completed to and maintained at. Development shall only take place in accordance with the approved estate road phasing and completion plan.
17. No individual dwelling shall be occupied until the areas within the site shown on Drawing No. 14798-009 Rev K for the purposes of loading, unloading, manoeuvring and parking of vehicles have been provided for that individual dwelling and thereafter those areas shall be retained, maintained and used for no other purposes.
18. No individual dwelling shall be occupied until the areas within the site shown on Drawing No. 14798-009 Rev K for the purposes of cycle storage have been provided for that individual dwelling and thereafter the areas shall be retained, maintained and used for no other purposes.
19. The garage parking spaces for each dwelling shall be made available for use prior to the occupation of the dwelling to which they relate and shall thereafter be retained for vehicle parking purposes. Notwithstanding the provisions of Article 3, Schedule 2 of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no development shall be carried out in such a position as to preclude vehicular access to those car parking spaces.
20. No development shall take place to construct any of the hereby approved dwellings until a Residential Travel Plan, including monitoring and amendment provisions and a timetable for its implementation, has been submitted to and approved in writing by the local planning authority. Thereafter such approved arrangements shall be implemented before the any of the dwellings are first occupied and shall thereafter be adhered to.
21. No development approved by this planning permission shall commence until the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority:
i) A site investigation scheme,
ii) The results of a site investigation based on i) and a detailed risk assessment, including a revised Conceptual Site Model (CSM),
iii) Based on the risk assessment in ii), a remediation strategy giving full details of the remediation measures required and how they are to be undertaken. The strategy shall include a plan providing details of how the remediation works shall be judged to be complete and arrangements for contingency actions.
22. No occupation of any part of the permitted development shall take place until a verification report demonstrating completion of works as set out in the remediation strategy is submitted to and approved, in writing, by the Local Planning Authority.
23. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.
24. Prior to the first occupation of any individual flat or dwelling within the development, the approved boundary treatment for that individual flat or dwelling (as illustrated on approved drawing number [number to be inserted]) shall have been fully provided.
25. Prior to their first occupation, all individual dwellings with off street parking provision shall be provided with an operational electric vehicle charge point (or equivalent infrastructure to be adapted by the car user) at reasonably and practicably accessible locations, with an electric supply to the charge point capable of providing a 7kW charge.
26. Notwithstanding the provisions of Part 2, Class A of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order) no gates, fences, walls or other means of enclosure shall be erected around or within the public open spaces nor adjacent to the outer site boundaries (with the exception of any private garden/curtilage areas which abut or are adjacent to the outer site boundaries)
27. None of the hereby approved dwellings shall be occupied until a scheme for the provision of fire hydrants within the application site have been submitted to and approved in writing by the Local Planning Authority. No part of the development shall be occupied or brought into use until the fire hydrants have been provided in accordance with the approved scheme. Thereafter the hydrants shall be retained in their approved form unless the prior written consent of the Local Planning Authority is obtained for any variation.
28. No development shall commence until a detailed surface water drainage scheme for the site, based on the agreed Flood Risk Assessment [Ref:- R0004 Issue J by Blyth and Blyth and dated 27 October 2020] and Drainage Strategy [Drawing ref:- SK191002-1 Rev P8 & SK191002-2 Rev P9 by Blyth and Blyth and dated 3rd October 2020] has been submitted to and approved in writing by the local planning authority. Infiltration systems shall only be used where it can be demonstrated that they will not pose a risk to groundwater quality. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. Details to be submitted include:-
I. Further infiltration testing on site in accordance with BRE 365 to verify the permeability of the site (trial pits to be located where soakaways are proposed and repeated runs for each trial hole). The use of infiltration as the means of drainage will be taken forward only if the infiltration rates and groundwater levels show it to be possible. Borehole records should also be submitted in support of soakage testing.
II. Applicant shall submit dimensioned plans illustrating all aspects of the surface water drainage scheme including location and size of soakaways and the conveyance network. A statement on the amount of impermeable area served by each soakaway should also be illustrated on the plans and should be cross referenceable with associated soakaway calculations.
III. SCC require modelling results (or similar method) to demonstrate that the soakaways have been adequately sized to contain the 100yr+CC event for the catchment area they serve. Each soakaway should be designed using the nearest tested infiltration rate to which they are located. A suitable factor of safety should be applied to the infiltration rate during design.
IV. Infiltration devices will only dispose of clean water due to the site area overlying a Source Protection Zone. Demonstration of adequate treatment stages for water quality control shall be submitted.
V. Infiltration devices should be no more than 2m deep and will have at least 1.2m of unsaturated ground between base of the device and the groundwater table. If individual soakaways are being used they will be at least 5m away from any foundation (dependent on whether structured chalk is present).
VI. Soakaways will have a half drain time of less than 24hours.
VII. Any conveyance networks in the 1 in 30 event show no flooding above ground.
VIII. Details of any exceedance volumes during the 1 in 100 year rainfall + CC and their routes should be submitted on the drainage plans. These flow paths will demonstrate that the risks to people and property are kept to a minimum. There shall be no offsite flows.
29. The dwellings hereby permitted shall not be occupied until details of all Sustainable Urban Drainage System components and piped networks have been submitted, in an approved form, to and approved in writing by the Local Planning Authority for inclusion on the Lead Local Flood Authority’s Flood Risk Asset Register.
30. The public open spaces (and other similar spaces) identified and approved as part of this planning permission (including as part of condition 31 below) shall thereafter be retained and maintained with public access and made available for public use in perpetuity.
31. Prior to the commencement of development a plan identifying all areas of public open space (including areas of incidental open space but excluding any adopted highway verges and private garden/curtilages) shall be submitted to the Local Planning Authority for approval in writing. The public open space plan shall also be accompanied by a Delivery Plan detailing how and when each of the areas of public open space identified on the plan will be delivered and made available for public use. Thereafter the development shall be carried out in accordance with the approved Open space delivery plan.
32. Prior to commencement of development (and notwithstanding the details submitted with the planning application) details of the display content of the woodland interpretation boards shall be submitted to the Local Planning Authority for approval in writing. Thereafter the interpretation boards with the agreed display content shall be installed at agreed locations within the application site at the same time or prior to the woodland public open space is made available for public use, in accordance with the details approved as part of condition 31 of this planning permission.
33. Not less than 3 months prior to the occupation of the first dwelling, the contents of an ‘SPA Recreational Impact Avoidance and Hedgehog Information Strategy’ shall be submitted to and approved in writing by the Local Planning Authority. The Strategy document shall include:
i) samples of information leaflets and maps of all public dog walking and other public recreational routes within Red Lodge (with the exception of those that lead into the Breckland SPA or other sensitive areas) which are to be provided to the first residents of the dwellings, and
ii) details of the ‘hedgehog corridor’ provision (and other ecology enhancement measures) provided within the application site and examples of how the residents can maintain and enhance these measures (and make other ecology enhancements) within their plots, and
iii) A timetable for the implementation of the measures included at i) and ii) above.
The RIAS shall thereafter be implemented in accordance with the approved details and timetable.
34. Prior to the installation of any street lighting within the application site a ‘Lighting for Ecology’ Strategy shall be submitted to and approved in writing by the local planning authority. The strategy shall identify i) which parts of the site (and any areas abutting the site) are ecologically sensitive to artificial lighting and ii) how the provision of external lighting at these locations will avoid disturbance to the ecological interests of these areas.
35. Prior to the construction of any utilities plant/infrastructure at the application site, details of any enclosure/s (including any gates) to be provided to secure the plant/infrastructure shall be submitted to the Local Planning Authority for approval in writing. Thereafter the development shall only be carried out in accordance with the approved details.
(On conclusion of this item the Chair permitted a short comfort break, during which Councillor Andy Drummond left the meeting at 12.30pm.)