Agenda item

Report No: DEV/WS/23/027

Planning application - one dwelling

(The Service Manager (Planning Development) informed the meeting that she had sought advice from the Monitoring Officer and in order to avoid the potential perception of conflict/bias she would leave the meeting during the Committee’s consideration of this application.)

Planning application - one dwelling

This application was considered at the Delegation Panel on 18 July 2023 as the Officer recommendation for refusal was contrary to the Parish Council’s support for the proposal.

In addition, Councillor Don Waldron (Ward Member) requested that the application be brought forward to Development Control Committee. It was agreed by the Delegation Panel that this application should be referred to Development Control Committee for determination.

A Member site visit was held prior to the meeting. Attention was drawn to the supplementary ‘late papers’ which were issued after publication of the agenda and which set out the correct site plan and outlined a correction to the measurements referred to in Paragraph 2 of Report No DEV/WS/23/027.

The Committee was advised that planning permission had been originally sought for a larger two-storey dwelling with a pitched roof. The scale of the dwelling had since been reduced and was reflected within the amended proposed site layout, floor plans and elevations.

Officers were recommending that planning permission be refused for the reason set out in Paragraph 50 of the report.

Speakers:    Councillor Don Waldron (Ward Member: The Rows) spoke in support of the application

                   Kevin Watts (agent) spoke in support of the application

Some Members who attended the site visit spoke on their reservations over the size of the proposed dwelling, the small rear garden and its proximity to the neighbouring residences. Whilst the current family ownership of the surrounding properties was noted members of the Committee recognised that this may not always be the case.

In contrast, other Committee members highlighted that properties within large scale major developments were often far more densely populated within a site and located much closer to each other.

Councillor Mick Bradshaw, fellow Ward Member for The Rows, spoke in support of the application which he considered would fit well into the surrounding area and was appropriate for the location. This was duly seconded by Councillor Ian Houlder who spoke in support of the design of the proposed dwelling.

The Principal Planning Officer explained that the Decision Making Protocol would not need to be invoked, as the impact on Policies DM2 and DM33 was subjective, and the motion for approval would not be ‘minded to’ and not subject to the production of a Risk Assessment.

Accordingly, it was suggested the Director (Planning and Growth) be given delegated authority to agree final wording of relevant conditions to be appended to a permission, in consultation with the Chair and Vice Chairs of the Committee.

Councillor Donna Higgins advised the meeting that as she had not attended the site visit she would abstain from the vote on this occasion.

Upon being put to the vote and with 10 voting for the motion, 4 against and with 1 abstention, it was resolved that

Decision

Planning permission be GRANTED, CONTRARY TO THE OFFICER RECOMMENDATION, subject to the following conditions:

1.   Time Limit – Detailed

The development hereby permitted shall be begun not later than three years from the date of this permission.

2.   Approved Plans

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.   Construction Hours

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

08:00 to 18:00 Mondays to Fridays

08:00 to 13.00 Saturdays

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

4.   Limit Water Use

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.

5.   Bin Storage and Presentation

The areas to be provided for the storage and presentation for collection/emptying of refuse and recycling bins as shown on drawing 407_10_D be provided in their entirety before the development is brought into use and shall be retained thereafter for no other purpose.

6.   Boundary Treatment

No development above ground level shall take place until details of the treatment of the boundaries of the site have been submitted to and approved in writing by the Local Planning Authority. The details shall specify the siting, design, height and materials of the screen walls/fences to be constructed or erected and/or the species, spacing and height of hedging to be retained and / or planted together with a programme of implementation. Any planting removed, dying, being severely damaged or becoming seriously diseased within five years of planting shall be replaced by soft landscaping of similar size and species to those originally required to be planted.  The works shall be completed prior to first use/occupation in accordance with the approved details.

7.   External Lighting (HRA Condition)

No external lighting shall be installed at the site. Should the need arise in the future, prior to installation of any external lighting including for access, 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 and in the surrounding landscape that are particularly sensitive for nocturnal protected species and show how and where external lighting will be installed (through the provision of appropriate plans and technical specifications) so that it can be clearly demonstrated that lighting will be minimised and areas to be lit will not cause disturbance or prevent protected species using their territory. Any 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.   New Residents (HRA Condition)

Prior to first occupation, an information pack for future occupiers that highlights the sensitive nature of the nearby protected nature conservation sites, how to avoid disturbance to any nesting birds in the area and nearby alternative recreation and dog walking sites shall be submitted to and agreed in writing with the Local Planning Authority. The agreed information pack shall be provided to future occupiers thereafter.                                                                                                                                                                                                                                                                                              

9.   Construction Work (HRA Condition)

To prevent any possible disturbance to Woodlark or Nightjar, no construction work shall be carried out during the bird breeding season nesting season (March to August). If it is not possible to avoid work during this period, a survey shall be carried out within 400m of the working area by a suitably qualified ecologist in advance of works commencing. If any Woodlark or Nightjar nests or actively breeding pairs are encountered, works shall not commence until a further survey confirms that any nesting attempts are concluded, and any chicks have fledged. Construction works shall only take place in daylight hours.

10.Soft Landscaping (HRA Condition)

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. 

11.Noise Mitigation

Prior to first occupation of the dwelling hereby approved:
i) All of the noise protection and mitigation works associated with the dwelling as detailed in the Sound Solution Consultants Acoustic Design Statement Technical Report 39466-R1 for the Proposed Residential Development, Land adjacent to 72 The Street, Hollywell Row, Bury St. Edmunds, Suffolk, IP28 8LT (Document Reference: 39466-R1, Date: 08/03/2023) shall be completed in their entirety in accordance with the approved details.
ii) The completion of the works shall be verified on site by a specialist noise consultant and the Local Planning Authority shall be notified in writing of the completion and verification of the works.

12.Parking

The use shall not commence until the area(s) within the site shown on Drawing No. 407/10/B for the purposes of loading, unloading, manoeuvring and parking of vehicles has / have been provided and thereafter the area(s) shall be retained, maintained and used for no other purposes.

13.Hard Landscaping

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).

14.Materials

The development hereby permitted shall be constructed entirely of the materials detailed on the approved plans and application form.