Agenda item

Report No: DEV/WS/22/042

 

Outline planning application (all matters reserved except access) for up to 106 dwellings, parish office and car parking, and green infrastructure including sustainable drainage, amenity green space and ecological habitats

(Councillor Andy Drummond declared, in the interests of openness and transparency, that he was a Suffolk County Councillor, in view of the applicant for this item being the County Council.)

 

Outline planning application (all matters reserved except access) for up to 106 dwellings, parish office and car parking, and green infrastructure including sustainable drainage, amenity green space and ecological habitats

 

This application was referred to the Development Control Committee due to a 1.7 hectare section of the application site being outside of the residential site allocation SA14(a) and therefore contrary to the Development Plan.

 

Officers were recommending that the application be approved, subject to conditions and the completion of a S106 legal agreement, as set out in Paragraph 101 of Report No DEV/WS/22/042.

 

Attention was drawn to the supplementary ‘late papers’ issued in respect of the application and the Officer also showed videos of the site by way of a virtual ‘site visit’.

 

The Principal Planning Officer drew attention to the recommendation and the list of conditions therein and outlined amendments to Nos 3, 7, 22, 26 and 32. The Committee was also advised that an Early Years Pre-school contribution of £181,870 had been missed from the S106 list.

 

Speaker:      Neil Hall (agent) spoke in support of the application

 

During the debate a number of questions/comments were posed by Members which the Officer responded to as follows:

Solar Panels – sustainable energy provision would be addressed at the application’s Reserved Matters stage;

Primary School – an expansion to the village primary school was already planned;

Proximity to Pumping Station – no element of the scheme was planned to be situated less than 15m away, although this would be confirmed at Reserved Matters stage;

Noise Contours – the impact of the aircraft from the neighbouring USAF air bases was addressed within the report and an appropriate condition had been included;

Electric Charging Points – no consultee had flagged concerns with the electric charging provision for the scheme, the flats included within the application would have communal charging points;

Roads – the intention was for the roads to be built to an adoptable standard; and

Streetlights – maintenance could be carried out via a private management company or the County Council.

 

In response to specific queries raised, the Principal Planning Officer explained that the discovery of the area of archaeological importance led to the layout changes to the scheme, that was now seeking approval.

 

The Service Manager (Planning – Development) added that it was extremely rare that findings of such significance were not identified during the very early high-level desktop work that is undertaken as part of the local plan process. However, in this case discoveries were not made until the trench work had commenced, which resulted in the application needing to be amended.

 

Councillor Carol Bull proposed that the application be approved, as per the Officer recommendation and inclusive of the amendments as outlined to the relevant conditions and S106, this was duly seconded by Councillor Mike Chester.

 

Upon being put to the vote and with 10 voting for the motion, 3 against and with 1 abstention it was resolved that

 

Decision

 

Planning permission be GRANTED subject to

 

The completion of a S106 legal agreement to provide for the following planning obligations:

-   Primary Education - £54, 561

-   Secondary Education - £479, 807

-   Sixth form provision - £101, 012

-   Affordable Housing in perpetuity - 30%

-   Library Provision - £24, 592

-   Financial contribution towards enhanced footpath provision - £37,364.40 – (This is to be pooled with s106 funding from adjacent scheme (DC/18/0614/FUL) to create and/or improve sustainable travel links between the application site and Mildenhall Bridleway 1)

-   Primary Healthcare - £63, 600

-   Waste - £4,770

-   Early Years Pre-school - £181,870

 

And, the following conditions:

 

1.   Application for the approval of the matters reserved by conditions of this permission shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.  The development hereby permitted shall be begun not later than whichever is the latest of the following dates:-

     i)       The expiration of three years from the date of this permission; or

     ii)       The expiration of two years from the final approval of the reserved matters; or,

     In the case of approval on different dates, the final approval of the last such matter to be approved.

2.   Prior to commencement of development details of the appearance, landscaping, layout, and scale (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out as approved.

3.   The development hereby permitted shall not be carried out except in complete accordance with the details shown on the approved plans and documents, unless otherwise stated.

4.   Prior to commencement of development  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:

     a. A site investigation scheme,

     b. The results of a site investigation based on i) and a detailed risk assessment, including a revised Conceptual Site Model (CSM),

     c. 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.

5.   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.

6.   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.

7.   Prior to first occupation, all dwellings with off street parking shall be provided with an operational electric vehicle charge point at reasonably and practicably accessible locations, with an electric supply to the charge point capable of providing a 7kW charge.

8.   Demolition or construction works shall not take place outside the hours of 08:00-18:00 hours Mondays to Fridays and 08:00-13:00 hours on Saturdays and at no time on Sundays, public holidays or bank holidays.   

9.   Prior to commencement of development, including any works of demolition, a Construction Method Statement shall be 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:

      a. The parking of vehicles of site operatives and visitors

      b. Loading and unloading of plant and materials 

      c. Site set-up including arrangements for the storage of plant and materials used in constructing the development and the provision of temporary offices, plant and machinery

      d. The erection and maintenance of security hoarding including external safety and information signage, interpretation boards, decorative displays and facilities for public viewing, where appropriate 

      e. Wheel washing facilities 

      f. Measures to control the emission of dust and dirt during construction 

      g. A scheme for recycling/disposing of waste resulting from demolition and construction works

      h. Hours of construction operations including times for deliveries and the removal of excavated materials and waste

      i. Noise method statements and noise levels for each construction activity including piling and excavation operations

      j. Access and protection measures around the construction site for pedestrians, cyclists and other road users including arrangements for diversions during the construction period and for the provision of associated directional signage relating thereto.

10.   No construction for any dwelling shall commence until details in respect of each of the following has been submitted to and approved in writing by the Local Planning Authority:

       a. Details of the development that demonstrate that 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 07.00am and 11.00pm, and a night-time level of 30 dB LAeq (8hrs) within bedrooms between 11.00am and 07.00am, 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, and;

       b. Details of a measurement and assessment methodology for demonstrating compliance with the limits set in condition 1) a).

11.   No development above ground level shall take place until a scheme of soft landscaping for the site drawn to a scale of not less than 1:200 has been submitted to and approved in writing by the Local Planning Authority. The soft landscaping details shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants noting species, plant sizes and proposed numbers/densities. The approved scheme of soft landscaping works shall be implemented not later than the first planting season following commencement of the development (or within such extended period as may first be agreed in writing 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.  

12.   No development above ground level shall take place until details of a hard landscaping scheme for the site have been submitted to and approved in writing by the Local Planning Authority. These details shall include proposed finished levels and contours showing earthworks and mounding; surfacing materials; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulations areas; hard surfacing materials; minor artefacts and structures (for example furniture, play equipment, refuse and/or other storage units, signs, lighting and similar features); proposed and existing functional services above and below ground (for example drainage, power, communications cables and pipelines, indicating lines, manholes, supports and other technical features); retained historic landscape features and proposals for restoration where relevant. The scheme shall be implemented prior to the occupation of any part of the development (or within such extended period as may first be agreed in writing with the Local Planning Authority).

13.   No development above ground level shall take place until a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules and periods for all soft landscape areas (other than small privately owned domestic gardens) together with a timetable for the implementation of the landscape management plan, has been submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out in accordance with the approved details and timetable.

14.   Prior to commencement of development an Arboricultural Method Statement (including any demolition, groundworks and site clearance) shall be submitted to and approved in writing by the Local Planning Authority. The Statement should include details of the following:

       a. Measures for the protection of those trees and hedges on the application site that are to be retained,

       b. Details of all construction measures within the 'Root Protection Area' (defined by a radius of dbh x 12 where dbh is the diameter of the trunk measured at a height of 1.5m above ground level) of those trees on the application site which are to be

       retained specifying the position, depth, and method of construction/installation/excavation of service trenches, building foundations,

       hardstandings, roads and footpaths,

       c. A schedule of proposed surgery works to be undertaken to those trees and hedges on the application site which are to be retained.

       The development shall be carried out in accordance with the approved Method Statement unless agreed in writing by the Local Planning Authority.  

15.All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal (Wood, August 2022) and the Breeding Bird Survey Report (Wood, 2021) as already submitted with the planning application and agreed in principle with the local planning authority prior to determination. 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.

16.   Concurrent with the submission of reserved matters, 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.

17.  Concurrent with the submission of reserved matters, a Farmland Bird Mitigation Strategy shall be submitted to and approved by the local planning authority to compensate the loss or displacement of any Farmland Bird territories identified as lost or displaced. This shall include provision of offsite compensation measures to be secured by legal agreement, in nearby agricultural land, prior to commencement. The content of the Farmland Bird Mitigation Strategy shall include the following:

      a) Purpose and conservation objectives for the proposed compensation measure e.g. Skylark nest plots;

      b) detailed methodology for the compensation measures e.g. Skylark plots must follow Agri-Environment Scheme option: 'AB4 Skylark Plots';

      c) locations of the compensation measures by appropriate maps and/or plans;

d) persons responsible for implementing the compensation measure.

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

18.   No development shall take place until an ecological design strategy (EDS) addressing the mitigation, compensation and enhancement measuresfor bats, birds, and hedgehogs has been submitted to and approved in writing by the local planning authority.

       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.

       e) Type and source of materials to be used where appropriate, e.g. native species of local

       provenance.

       f) Timetable for implementation demonstrating that works are aligned with the

       proposed phasing of development.

       g) Persons responsible for implementing the works.

       h) Details of initial aftercare and long-term maintenance.

       i) Details for monitoring and remedial measures.

       j) Details for disposal of any wastes arising from works.

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

19.  Concurrent with the submissison of reserved matters, 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. 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.

20.  Concurrent with the submission of reserved matters, a Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority.

      The content of the LEMP shall include the following:

      a) Description and evaluation of features to be managed.

      b) Ecological trends and constraints on site that might influence management.

      c) Aims and objectives of management.

      d) Appropriate management options for achieving aims and objectives.

      e) Prescriptions for management actions.

      f) Preparation of a work schedule (including an annual work plan capable of being rolled

      forward over a five-year period).

      g) Details of the body or organisation responsible for implementation of the plan.

      h) Ongoing monitoring and remedial measures.

      The LEMP shall also include details of the legal and funding mechanism(s) by which the longterm implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details.

21.  Prior to commencement of development above ground level a scheme for the provision of fire hydrants within the application site shall be 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.  

22.   No more than 30 dwellings shall be occupied until:

       a)     a new footpath has been provided and is available for use along Pott Hall Road between and connecting the existing footpath network on Pott Hall Road (in the vicinity of Cornflower Close) with BR1.

       b)     The off-site improvement to the Jarman's Lane and Mildenhall Road Junction (as shown indicatively on drawing 43017-WOOD-XX-XX-DR-OT0001_S0_P01.1) has been implemented and is available for use.

23.  Before the access is first used visibility splays shall be provided as shown on Drawing No. 43017-WOOD-XX-XX-FG-OT-0002_S0_P01.1C with an X dimension of 2.4 metres and a Y dimension of 43m metres in each direction [tangential to the nearside edge of the carriageway] and thereafter retained in the specified form. Notwithstanding the provisions of Part 2 Class A of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no obstruction to visibility shall be erected, constructed, planted or permitted to grow over 0.6 metres high within the areas of the visibility splays.

24.   A Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority prior to work commencing on site. The plan shall include access and parking arrangements for contractor's vehicles and delivery vehicles (locations and times) and a methodology for avoiding soil from the site tracking onto the highway together with a strategy for remedy of this should it occur. The development shall only take place in accordance with the approved strategy.

25.   Before the development is commenced, details of the estate roads and footpaths, (including layout, levels, gradients, surfacing, lighting, traffic calming and means of surface water drainage), shall be submitted to and approved in writing by the Local Planning Authority.

26.   The new estate road junction (bellmouth) as shown on Drawing No. 43017-WOOD-XX-XX-FG-OT-0002_S0_P01.1C inclusive of cleared land within the visibility splays to this junction must be formed prior to any other works commencing or delivery of any other materials to the site takes place. No dwelling shall be occupied until the required footpath and pedestrian crossing dropped kerbs as shown on Drawing No. 43017-WOOD-XX-XX-FG-OT-0002_S0_P01.1C have been provided and are available for use.

27.  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.

28.   Before the development is commenced details of the areas and infrastructure to be provided for the loading, unloading, manoeuvring and parking of vehicles including powered two-wheeled vehicles and electric vehicle charging points shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented for each dwelling prior to its first occupation and retained as such thereafter.

29.   Before the development is commenced details of the areas to be provided for secure, covered and lit cycle storage shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented for each dwelling prior to its first occupation.

30.   Before the development is commenced details of the areas to be provided for the storage and presentation for collection/emptying of refuse and recycling bins shall be submitted to and approved in writing by the Local Planning Authority. The approved bin storage and presentation/collection areas shall be provided for each dwelling prior to its first occupation and shall be retained thereafter for no other purpose.

31.  No development above ground level shall take place until a scheme for the provision and implementation of water, energy and resource efficiency measures during the construction and occupational phases of the development has been submitted to and approved in writing by the Local Planning Authority.  The scheme shall include a clear timetable for the implementation of the measures in relation to the construction and occupancy of the development. The scheme shall be constructed in accordance with the approved details and the measures provided and made available for use in accordance with the approved timetable.

32.   No development above ground level shall take place until a Public Open Space management plan, including long term design objectives, management responsibilities and maintenance schedules and periods for all soft landscape areas together with a timetable for the implementation of the management plan, has been submitted to and approved in writing by the Local Planning Authority. The management plan shall be carried out in accordance with the approved details and timetable.