Agenda item

Report No: DEV/FH/15/022

Construction of 64 no. dwellings with associated external works including new vehicular access (as amended)

Construction of 64 no. dwellings with associated external works including new vehicular access (as amended).

This application was referred to the Development Control Committee because it was for a major development and objections had been received from Brandon Town Council.

The Principal Planning Officer – Major Projects asked Members to note that the application was a cross boundary application with part of the development falling under Breckland, but with the majority of the proposed dwellings being within Forest Heath.

Officers were recommending that the application be approved subject to conditions and the completion of a Section 106 agreement.

The Committee was also advised that planning permission had already been granted for the site for 63 dwellings in 2005 which achieved a Certificate of Lawfulness for commencement in 2011; accordingly the developer was at liberty to deliver that development irrespective as to whether the application currently before the Committee was granted.

The Officer, as part of his presentation, set out a brief comparison between the application currently for determination and that which had already been granted for the site.  Officers were of the opinion that the new scheme had improved upon that which was granted previously.

Members were advised of the following updates since the agenda papers were published:

·         Breckland Council’s Planning Committee had met on 22 June 2015 to consider this application and it had been granted subject to conditions and the completion of a Section 106 agreement;

·         A further letter of objection had been received from a resident of Thetford who was a member of a local cycling group.  The individual raised concerns as to the cycle path within the development and requested that it be amended in certain areas.  The Officer explained that all areas identified fell under Breckland (as opposed to Forest Heath) and Breckland Council had not taken these changes into consideration when granting the application;

·         Comments had been received from Anglian Water who requested that a condition be added to ensure that no dwellings were constructed within 15 metres of the pumping station adjacent to the site.  The Officer explained that this condition would be unnecessary as the application before Members was detailed (a full application) and all of the properties were more than 15m away; and

·         Lastly, an error was identified within Paragraph 24 of the report where it stated that the capital contribution of £13,824 would be spent at Lakenheath library – when this should have read Brandon library.

In response to queries raised by Members of the Committee, the Officer clarified that it was not uncommon for developments of this size to cross county/local authority boundaries.  In such cases, for matters such as waste collection, the relevant authorities would liaise and come to a sensible agreement as to who would manage the collection from the development.

Councillor Peter Ridgwell made reference to the objections raised by Brandon Town Council, particularly their concerns regarding traffic safety.  He asked if it would be possible to include a roundabout as part of the access to the site.  The Officer explained that this could not be requested as the application had been accessed by the Highways Authority who were of the opinion that this was not necessary.

Councillor David Bimson made reference to Paragraph 5 of the report and the reference therein to the roofs in the development being constructed with dark grey concrete pantiles.  He requested that Officers liaise with the applicant to agree the palette of the buildings, with the view to not having all the roofs as purely grey.

On the agreement of the Principal Planning Officer – Major Projects to undertake this negotiation, Councillor Bimson proposed that the application be granted as per the Officer recommendation and this was seconded by Councillor Brian Harvey, and with 11 voting for the motion and with one abstention, it was resolved that:

Planning permission be GRANTED subject to:

1.   The completion of a Section 106 agreement to secure:

·         Policy compliant level and tenure split of affordable housing

·         Education contribution (Primary School - £194,896)

·         Pre-school contribution (£36,546)

·         Libraries Contribution – if subsequently deemed compliant with CIL        Regulation 122 (36,546)

·         Provision of on-site Public Open Space together with (if appropriate) a commuted sum for future maintenance if transferred to the District Council (or the Town Council if appropriate) to manage and maintain.

·         Health contribution, if requested and justified.

·         SPA Enhancement measures deemed not appropriate as planning conditions (including the footpath enhancement contribution - £82,200).

·         Any additional obligations considered necessary by the Head of Planning and Regulatory Services.

2.   And subject to conditions (to be agreed with Breckland Council), including:

·         Time limit (3 years for commencement)

·         Materials (Officers to liaise with the developer to agree a suitable palette for the roofs)

·         Strategy for enhancing water use efficiency, post occupation.

·         Bin and cycle storage strategy

·         Landscaping scheme (hard and soft)

·         Ecology i) enhancements at the site

·         Ecology ii) Implementation of the recommendations of the ecology report (on-site non-SPA measures)

·         Ecology iii) Implementation of the recommended mitigation package of SPA measures from the applicants Habitats Regulations Assessment (note only those matters not secured by the S106 Agreement).

·         Construction management plan

·         As recommended by LHA’s (Norfolk and Suffolk)

·         Travel Plan measures.

·         Contamination & remediation (further investigations and any remediation necessary and new contamination encountered during development)

·         Noise mitigation measures to relevant dwellings and garden spaces.

·         Fire Hydrants

·         Waste minimisation and re-cycling strategy

·         Details of the surface water drainage scheme.

·         Any additional conditions considered necessary by the Head of Planning and Regulatory Services.

·         Details of informal play equipment to be provided.

·         Archaeological investigations and recording.

That, in the event of the Head of Planning and Growth recommending alternative (reduced, with the exception of the health and libraries contributions) Heads of Terms from those set out above, the planning application be returned to the Development Control Committee for further consideration.

That in the event the applicant declines to enter into a planning obligation to secure the Heads of Terms set out above for reasons considered unreasonable by the Head of Planning and Growth, planning permission be refused for the following reasons (as may be appropriate):

i)             Unsustainable form of development not mitigating its impact upon, education provision (primary and pre-school), open space, sport and recreation, transport, health and libraries (contrary to the Framework and Core Strategy policy CS13)

ii)           Non-compliance with affordable housing policy (contrary to Core Strategy policy CS9 and supporting SPD document).

iii)          Adverse impact upon the Special Protection Area, contrary to the Habitats Regulations, to Core Strategy Policy CS2 and to Joint Development Management Policies Document policy DM10, DM11 and DM12.