Agenda item

Report No: DEV/WS/23/038

Planning application - change of use from agricultural land to public open space and associated works

(Councillor Rachel Hood declared, in the interests of openness and transparency, that she had attended Newmarket Town Council’s meeting when the Town Council considered the application. However, she stressed that she would keep an open mind and listen to the debate prior to voting on the item.)

Planning application - change of use from agricultural land to public open space and associated works

This application was referred to the Development Control Committee following consideration by the Delegation Panel.

Newmarket Town Council objected to the proposal which was in conflict with the Officer’s recommendation for approval, subject to conditions as set out in Paragraph 53 of Report No DEV/WS/23/038 and inclusive of an amendment to Condition No 3 to reflect that amended planting plans had been received since publication of the agenda.

A Member site visit was held prior to the meeting.

Speakers:    Cathy Whitaker (Clerk to Newmarket Town Council) spoke against the application

                   Richard Gee (agent) spoke in support of the application

Councillor Rachel Hood opened the debate and reiterated Newmarket Town Council’s objections to the application. She raised concerns that the proposal would result in the adjacent development becoming denser and referenced the recent Queensbury Lodge appeal decision in respect of the Devil’s Dyke.

In response, the Service Manager (Planning – Development) clarified matters in respect of the Queensbury Lodge appeal and the Devil’s Dyke and also advised the Committee that the open space proposed in the application was in addition to that which was granted within the development site; and the density and number of dwellings proposed on the outline application site would be unchanged.

Councillor Jon London referenced the need for public open space that was accessible to all in Newmarket and he asked if would be possible to include a clause to enable the management company, who managed the open space, to wind up after a set period and transfer the management of the open space to the Town Council, as previously discussed at the November meeting of the Committee in respect of the Lakenheath application that was considered.

The Chair sought clarification as to what had been agreed in respect of the Lakenheath application in question. The Democratic Services Officer read out the minutes and confirmed that a clause was not added to that planning approval and, instead, it was agreed that Officers would investigate Councillor London’s suggestion on receipt of the landscape management plan (required by condition), which would help inform the matter.

It was therefore suggested that the same approach be adopted in this case.

Accordingly, Councillor Jon London proposed that the application be approved as per the Officer recommendation and this was duly seconded by Councillor Lora-Jane Miller-Jones.

Upon being put to the vote and with 12 voting for the motion and with 2 against, 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 following approved plans and documents, unless otherwise stated.
3. All planting comprised in the approved details of landscaping:

L-HED-1454-ZZ-EX-DR-L-310 Rev 03 General planting plan

L-HED-1454-ZZ-EX-DR-L-311 Rev 03 Planting strategy - K1

L-HED-1454-ZZ-EX-DR-L-312 Rev 03 Planting strategy - K2 and K3

L-HED-1454-ZZ-EX-DR-L-313 Rev 03 Planting schedule

shall be carried out within 12 months of the date of this decision.

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.

4. Prior to any planting as approved under condition 3 takes place 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.