Agenda item

Report No: DEV/WS/23/006

Planning application - one retail unit (class E) and associated vehicular and pedestrian accesses as amended by plans received 16th August and 9th November 2022 and 16th January 2023

Planning application - one retail unit (class E) and associated vehicular and pedestrian accesses as amended by plans received 16th August and 9th November 2022 and 16th January 2023

This application was referred to the Development Control Committee following consideration by the Delegation Panel; the application was considered by the Panel as a result of call-in by one of the local Ward Members (Councillor Nick Clarke – Clare, Hundon and Kedington).

The Parish Council had raised no objections and the application was recommended for approval, subject to conditions, as set out in Paragraph 58 of Report No DEV/WS/23/006. A Member site visit was held prior to the meeting.

As part of her presentation to the Committee the Senior Planning Officer advised Members that since publication of the agenda a further six late representations had been received from village residents objecting to the proposal. All of which raised concerns previously covered in earlier representations, as outlined in Paragraph 13 of the report.

Speakers:    Ann and George Bellamy (resident objectors) spoke against the application

                   Councillor Ann Naylor (Chair of Kedington Parish Council) spoke in support of the application

                   Daxa Visana (applicant) spoke in support of the application

                   (Mr and Mrs Bellamy were not in attendance to personally address the Committee and, instead, the Democratic Services Officer read out a pre-prepared statement on their behalf.)

Councillor Jason Crooks spoke at length on his concerns with the proposed scheme, particularly in light of the impact it would have on the character of the village due to the scale of the premises applied for.

In contrast, a number of other Members made reference to the importance of supporting sustainable rural communities and to reduce their need to travel long distances to access services. The local delivery service operated by the existing shop was also commended.

Councillor John Burns commented on the potential for development “creep” towards neighbouring Little Wratting, who did not have their own appointed Parish Council. Councillor Peter Stevens interjected and assured the Committee that Little Wratting came under his Ward (Withersfield) and he represented the village at District level.

In response to questions posed in relation to highways related matters the Senior Planning Officer explained that the exact crossing details would be agreed with the Highway Authority and were subject to a safety audit, however was is likely that Mill Road would just have a dropped kerb as opposed to a signalised crossing which was proposed on Haverhill Road. In addition, following an assessment of the road the Local Highways Authority had confirmed that the resurfacing works 50m either side of the proposed crossing were not required.

Councillor Mike Chester sought further clarification on the size of the premises applied for. The Senior Planning Officer gave additional explanation in respect of retail and storage space, and also explained how the proposal was assessed in relation to the Council’s retail assessment policy document.

The Committee were assured that controls were proposed by way of conditions in respect of the parking area (condition for materials and surface water drainage condition) and the wildflower area (landscape management plan condition).

Councillor Peter Stevens spoke in support of the application; in terms of the planning balance he considered the benefits brought about by the proposal to outweigh any harm, accordingly he proposed that the application be approved as per the Officer recommendation. This was duly seconded by Councillor Susan Glossop.

Upon being put to the vote and with 12 voting for the motion, 3 against and with 1 abstention it was resolved that

Decision

Planning permission be GRANTED subject to the following conditions:

 1       The development hereby permitted shall be begun not later than three 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, unless otherwise stated.

 3       No part of the development shall be commenced until details of the proposed access (including the position of any gates to be erected and visibility splays to be provided) have been 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 in its approved form.

 4       Prior to the development hereby permitted being first occupied, the proposed access onto the B1061 highway shall be properly surfaced with a bound material for a minimum distance of 10 metres measured from the nearside edge of the metalled carriageway, in accordance with details that shall have previously been submitted to and approved in writing by the Local Planning Authority.

 5       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.

 6       A Construction Management Strategy shall be submitted to and approved in writing by the Local Planning Authority prior to work commencing on site. The strategy shall include access and parking arrangements for contractors 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.

 7       Before the development is commenced details of a new footway in the locations shown on Amended Site Plan Drawing No. 9115/19/2A shall be submitted to and approved in writing by the Local Planning Authority. The footway shall be laid out and constructed to base course before the development is first occupied and fully completed prior to the occupation. The footway shall be retained thereafter in its approved form.

 8       No part of the development shall be commenced until details of the proposed off-site highway improvements indicatively shown on Amended Site Plan Drawing No. 9115/19/2A have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be laid out and constructed in its entirety prior to first use of the development.

 9       Before the access is first used clear visibility at a height of 0.6 metres above the carriageway level shall be provided and thereafter permanently maintained in that area between the nearside edge of the metalled carriageway and a line 2.4 metres from the nearside edge of the metalled carriageway at the centre line of the access point and a distance of 43 metres in each direction along the edge of the metalled carriageway from the centre of the access. 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.

10      Prior to the installation of any lighting on site details shall be submitted to and approved in writing by the Local Planning Authority. 

          The lighting shall be installed in accordance with the approved details and shall be retained as such unless the written consent of the Local Planning Authority is obtained for any variation.

11      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).

12      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 scheme shall include accurate indications of the position, species, girth, canopy spread and height of all existing trees and hedgerows on and adjacent to the site and details of any to be retained, together with measures for their protection during the course of development. Any retained trees removed, dying or becoming seriously damaged or diseased within five years of commencement 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.  The works shall be completed in accordance with the approved plans and in accordance with a timetable to be agreed 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      The rating level of noise emitted from any external plant, equipment or machinery associated with the development hereby approved shall be lower than the existing background noise level by at least 5dB in order to prevent any adverse impact. The measurements / assessment shall be made according to BS 4142:2014+A1:2019 Methods for rating and assessing industrial and commercial sound at the nearest and / or most affected noise sensitive premise(s), with all external plant, equipment or machinery operating at maximum capacity and be inclusive of any penalties for tonality, intermittency, impulsivity or other distinctive acoustic characteristics.

15      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 Site Investigation, based on;

          i. all previous site uses,

          ii. the nature and extent of potential contaminants associated with those uses,

          iii. the underlying geology of the site,

          iv. a conceptual model of the site indicating sources, pathways and receptors,

          v. potentially unacceptable risks arising from ground, groundwater and ground gas contamination at the site, and a detailed assessment of the risk to all receptors that may be affected, including those off site.

          A Remediation Plan, based on the preliminary risk assessment caried out above, giving full details of the remediation measures required and how they are to be undertaken (including a contingency plan for dealing with any unexpected contamination not previously identified in the Site Investigation).

          A Verification Plan providing details of the data that will be collected in order to demonstrate that the works set out in above are complete.

          Prior to occupation the Remediation Strategy shall be carried out in accordance with the approved details unless varied with the express written approval of the Local Planning Authority.

16      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.

17      Prior to commencement of development 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.

18      Prior to first operational use of the site, 4 car parking spaces shall be equipped with working electric vehicle charge points, which shall be provided for staff and/or customer use at locations reasonably accessible from car parking spaces. The Electric Vehicle Charge Points shall be retained thereafter and maintained in an operational condition.

19      Any site preparation, construction and ancillary activities, including access road works and deliveries to / collections from the site in connection with the works shall only be carried out between the hours of:

          08:00 to 18:00 Mondays to Fridays

          08:00 - 13.00 Saturdays

          And at no times during Sundays or Bank / Public Holidays without the prior written consent of the Local Planning Authority.

20      Prior to first use of the development hereby approved details of biodiversity enhancement measures to be installed at the site, including details of the timescale for installation, shall be submitted to and approved in writing by the Local Planning Authority. Any such measures as may be agreed shall be installed in accordance with the agreed timescales and thereafter retained as so installed. The use shall not commence unless and until details of the biodiversity enhancement measures to be installed have been agreed in writing by the Local Planning Authority.

21      The premises shall not be open to the public outside of the following hours:   07:00 - 20:00  Monday - Sunday

22      No deliveries, loading or unloading shall take place on the site except between the hours of 07:00-20:00 on Monday to Saturday and at no time on Sundays, Bank or Public Holidays.