Report No: DEV/WS/22/047
Outline planning application (means of access to be considered) - 20 dwellings
Outline planning application (means of access to be considered) - 20 dwellings
This application was originally referred to the Development Control Committee on 2 November 2022 following call-in by one of the Clare, Hundon and Kedington Ward Members (Councillor Nick Clarke). In addition, Clare Town Council objected to the application.
At the November Committee meeting Members resolved to defer consideration of the application in order to allow a Committee site visit to be undertaken and to allow time for Officers to have further discussions with Anglian Water.
Accordingly, a Member site visit was held on 5 December 2022. The Senior Planning Officer also showed videos of the site by way of a virtual ‘site visit’.
As part of her presentation to the meeting the Senior Planning Officer drew attention the supplementary ‘late papers’ which were issued following publication of the agenda and which set out comments from Anglian Water.
Officers were continuing to recommend that the application be approved, subject to conditions and the completion of a S106 legal agreement, as set out in Paragraph 18 of Report No DEV/WS/22/047.
Speakers: Gary Brown (objector, speaking on behalf of himself and other neighbouring resident objectors) spoke against the application
Councillor Glenn Patullo (Clare Town Council) spoke against the application
Councillor Nick Clarke (Ward Member: Clare, Hundon and Kedington) spoke on the application
Phil Cobbold (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:
Air Quality – Environmental Health had not flagged any air quality related concerns in respect of the application;
Electric Charging Points – the relevant condition could be reworded as requested by Councillor John Burns, in relation to occupation of individual units;
Courtesy Crossing – the type of crossing specified in the conditions was requested by the Local Highways Authority and was considered proportionate to the development;
Education Contribution – the contribution within the recommendation was requested by Suffolk County Council as Education Authority.
Considerable discussion again took place on the drainage/flooding issues experienced in Clare and the concerns that the scheme would exacerbate the problem, as raised by the Ward Members, Town Council and resident objectors.
The Service Manager (Planning – Development) explained that Anglian Water was a statutory consultee and without a technical objection from them or evidence which contradicted their response, the Planning Authority could not refuse the application on this basis.
Councillor Ian Houlder spoke in support of the application which he considered to be a good use of the site in question. Accordingly, he proposed that the application be approved as per the Officer recommendation and inclusive of the amendment to the condition regarding electric vehicle charging points. This was duly seconded by Councillor Brian Harvey.
Upon being put to the vote and with 10 voting for the motion, 4 against and with 1 abstention, it was resolved that
Planning permission be GRANTED subject to:
A signed S106 Agreement to secure the following:
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 [access, 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 Concurrent with the first reserved matters application(s) a surface water drainage scheme shall be submitted to, and approved in writing by, the local planning authority (LPA). The scheme shall be in accordance with the approved FRA and include:
a. Dimensioned plans and drawings of the surface water drainage scheme;
b. Further infiltration testing on the site in accordance with BRE 365 and the use of infiltration as the means of drainage if the infiltration rates and groundwater levels show it to be possible;
c. If the use of infiltration is not possible then modelling shall be submitted to demonstrate that the surface water runoff will be restricted to Qbar or 2l/s/ha for all events up to the critical 1 in 100 year rainfall events including climate change as specified in the FRA;
d. Modelling of the surface water drainage scheme to show that the attenuation/infiltration features will contain the 1 in 100 year rainfall event including climate change;
e. Modelling of the surface water conveyance network in the 1 in 30 year rainfall event to show no above ground flooding, and modelling of the volumes of any above ground flooding from the pipe network in a 1 in 100 year rainfall event including climate change, along with topographic plans showing where the water will flow and be stored to ensure no flooding of buildings or offsite flows;
f. Topographical plans depicting all exceedance flow paths and demonstration that the flows would not flood buildings or flow offsite, and if they are to be directed to the surface water drainage system then the potential additional rates and volumes of surface water must be included within the modelling of the surface water system;
g. Details of the maintenance and management of the surface water drainage scheme shall be submitted to and approved in writing by the local planning authority.
h. Details of a Construction Surface Water Management Plan (CSWMP) detailing how surface water and storm water will be managed on the site during construction (including demolition and site clearance operations) is submitted to and agreed in writing by the local planning authority.
The CSWMP shall be implemented and thereafter managed and maintained in accordance with the approved plan for the duration of construction. The approved CSWMP and shall include: Method statements, scaled and dimensioned plans and drawings detailing surface water management proposals to include:-
i. Temporary drainage systems
ii. Measures for managing pollution / water quality and protecting controlled waters and watercourses
iii. Measures for managing any on or offsite flood risk associated with construction.
The scheme shall be fully implemented as approved.
8 Within 28 days of practical completion of the last dwelling or unit, a Sustainable Drainage System (SuDS) verification report shall be submitted to the LPA, detailing that the SuDS have been inspected, have been built and function in accordance with the approved designs and drawings. The report shall include details of all SuDS components and piped networks have been submitted, in an approved form, to and approved in writing by the LPA for inclusion on the Lead Local Flood Authority's Flood Risk Asset Register.
9 All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecology report (Framlingham Environmental, 25th August 2020) and Bat Surveys (Aspen Ecology, 22 July 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.
10 Concurrent with reserved matters a Reptile Mitigation Strategy addressing the mitigation of reptiles has been submitted to and approved in writing by the local planning authority.
The Reptile Mitigation Strategy 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 of the Receptor area(s).
i) Details for monitoring and remedial measures.
j) Details for disposal of any wastes arising from works.
The Reptile Mitigation Strategy shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.
11 Concurrent with 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
12 Concurrent with reserved matters a Biodiversity Enhancement Strategy for protected and Priority species shall be submitted to and approved in writing by the local planning authority.
The content of the Biodiversity Enhancement Strategy shall include the following:
a) Purpose and conservation objectives for the proposed enhancement measures;
b) detailed designs to achieve stated objectives;
c) locations of proposed enhancement measures by appropriate maps and plans;
d) timetable for implementation demonstrating that works are aligned with the proposed phasing of development;
e) persons responsible for implementing the enhancement measures;
f) details of initial aftercare and long-term maintenance (where relevant).
The works shall be implemented in accordance with the approved details prior to occupation and shall be retained in that manner thereafter.
13 Prior to occupation 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.
14 Prior to commencement of development details of the proposed access (including the position of any gates to be erected and visibility splays provided) shall be submitted to and approved in writing by the Local Planning Authority. The approved access shall be laid out and constructed in its entirety prior to any other part of the development taking place. Thereafter the access shall be retained thereafter in its approved form.
15 Before the access is first used, visibility splays shall be provided as shown on Drawing No. 184/2019/02 and thereafter be retained in the approved form. Notwithstanding the provisions of Part 2, Class A of the Town and Country Planning (General Permitted Development) Order 2015 as amended (or any Order revoking and re-enacting that Order) no obstruction over 0.6 metres high shall be erected, constructed, planted or permitted to grow within the area of the visibility splays.
16 Before the development is commenced, details of the 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.
17. No development above ground shall take place until details have been submitted to and approved in writing by the Local Planning Authority showing the means to prevent the discharge of surface water from the development onto the highway. The approved scheme shall be carried out in its entirety before the access is first used and shall be retained thereafter in its approved form.
18 Before the development is commenced details of a new footway and pedestrian crossing to the frontage of the proposed development shall be submitted to and approved in writing by the Local Planning Authority. The footway shall be laid out and constructed fully before first occupation of any dwellings The footway shall be retained thereafter in its approved form.
19 No dwelling shall be occupied until it has been provided with an operational electric vehicle charge point at a reasonably and practicably accessible location, with an electric supply to the charge point capable of providing a 7kW charge.
20 Demolition or construction works shall not take place outside 08:00 hours to 18:00 hours Mondays to Fridays and 8:00 hours to 13:30 hours on Saturdays and at no time on Sundays, public holidays or bank holidays.
21 Before the development hereby permitted is commenced a Construction Management Plan shall have been submitted to and approved in writing by the Local Planning Authority. Construction of the development shall not be carried out other than in accordance with the approved plan. The
Construction Management Plan shall include the following matters:
a) parking and turning for vehicles of site personnel, operatives and visitors
b) loading and unloading of plant and materials
c) piling techniques (if applicable)
d) storage of plant and materials
e) provision and use of wheel washing facilities
f) programme of site and all associated works such as utilities including details of traffic management necessary to undertake these works
g) site working and delivery times
h) a communications plan to inform local residents of the program of works
i) provision of boundary hoarding and lighting
j) details of proposed means of dust suppression
k) details of measures to prevent mud from vehicles leaving the site during construction
l) haul routes for construction traffic on the highway network and
m) monitoring and review mechanisms.
n) Details of deliveries times to the site during construction phase
22 The dwelling(s) hereby approved shall not be occupied until the requirement for water consumption (110 litres use per person per day) in part G of the Building Regulations has been complied with and evidence of compliance has been obtained.
23 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 area shall be provided for each dwelling prior to its first occupation and shall be retained thereafter for no other purpose.